Trust and Estate Litigation

Trust and estate disputes are increasingly common. They can be stressful, time consuming and costly to resolve.

Executors, administrators and trustees, as fiduciaries to estate beneficiaries, must discharge a complex set of legal obligations and frequently operate in an emotionally-charged environment.  We represent a broad range of such fiduciaries, including spouses and relatives of decedents, private professional trustees and bank trust departments.  We also advise beneficiaries who are uncertain or concerned about the conduct of fiduciaries.

Our trust and estate litigation practice takes us to probate courts all across California, including the Superior Court in Sacramento, San Joaquin, Placer, El Dorado, Yolo, Solano, Sutter and Yuba Counties.  For example, we often appear in Department 129, the probate unit of the Sacramento Superior Court.

We are zealous in our representation of fiduciaries and beneficiaries.  After interviewing our clients, we develop a strategy for filing a probate petition or civil complaint, or responding to the court filing of an opposing party.  We use the discovery process to obtain documents and oral testimony from opposing parties and third-party witnesses.  We prepare for and conduct trials, which typically occur before a judge, not a jury.  Trust and estate disputes are a specialized form of civil litigation with unique procedural rules and our clients benefit from our regular practice in the field.

While we keep our focus on preparing for trial, we consider the possibility of alternative dispute resolution. Sometimes we are able to resolve disputes through negotiated settlements or mediation, such that our clients are able to craft an immediate solution that meets their objectives without the expense of full-scale litigation.  In other cases, a trial is the only way to resolve disputed claims. 

Our trust and estate litigation services include -

• Representing family members when an elder is failing or is the victim of financial abuse, which may result in contested conservatorship proceedings and petitions for substituted judgment.
• Representing fiduciaries, beneficiaries and heirs in will contests and trust contests, often based on theories of undue influence and/or lack of capacity.  For example, the question may be whether a person with Alzheimer’s disease has lost his or her mental capacity to create or amend a will or trust.
• Handling disputes that arise between co-fiduciaries, as sometimes occurs when they have differing viewpoints in administering an estate.
• Representing parties when there are disagreements regarding the interpretation of a will or trust, or a proposed modification of a trust.
• Representing beneficiaries who are concerned that the executor, administrator or trustee has engaged in financial mismanagement or otherwise breached his or her fiduciary duties, which may result in the removal and/or surcharge of the fiduciary.
• Representing current and former fiduciaries when their conduct is or may be challenged by a beneficiary, including filing petitions for court approval of proposed actions.
• Representing parties in disputes over no contest clauses.
• Suing the decedent's debtors to recover money for the probate or trust estate.

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