Trust Litigation

Trust litigation may be necessary in order to solve disagreements about how trust estate will be distributed. It could be a dispute over how much money and property are in the estate, or how it has been managed. At times, the true wishes of the deceased may be called into question.

  • Call our firm for legal advice regarding your concerns about a trust.
  • Contact us if you are a trustee or family facing a disputed outcome and you need expert representation.
  • Our attorneys have represented clients in legal actions and have also served successfully as mediators.

To discuss trust litigation – also called estate litigation
call 408-971-4359 to arrange a consultation with one of our attorneys

In many instances trust litigation involves siblings, parents or cousins who are contesting the distribution (although there may be additional parties who believe that they have a stake in benefitting from the trust). If you feel the distribution of a trust has been unfair; if you were denied a share or received an unfair share, we invite you to meet with one of our lawyers for a determination as to whether you have a legal claim. The law strictly requires valid grounds and significant evidence in order to challenge a trust. This calls for the dedicated, skilled legal representation we provide.

Our attorneys have experience in all aspects of trust litigation, and serve petitioners or respondents. They are prepared to handle disputes involving:

  • The mental competency of the deceased trustor
  • Unfair undue influence on the deceased trustor
  • Pressure or force on the deceased
  • Trust fraud
  • Mismanagement by the trustee
  • Improper accounting
  • Mistakes
  • There are other factors which could support trust litigation. We recommend you go over your concerns with one of our attorneys.

Trust litigation can create a very divisive, difficult time for families. You will find that our attorneys treat their clients with sensitivity and caring. They offer invaluable support through a trying time. Their genuine humanity (as opposed to attorney arrogance) can be a critical factor for some people, because this kind of legal action can take time. We would be working together for an extended period. We want you to trust us, and know that we care about you.

Trust litigation can take different tracks. It can be mediated. It may be possible to bring the beneficiaries to a settlement negotiated by their legal representatives, avoiding a lengthy legal conflict. Coming to a settlement may also require a dispute to advance through the justice system. Call today to determine if we can help you with your case.

Trusts are often used by people as an estate planning tool. The management of the trust is turned over to a trustee, who is engaged both while a person is alive and after death. As with a will or any other legal document regarding an estate, there are laws that govern trusts and the legality of the arrangement can be called into question. This kind of legal claim is a practice area of our firm and we offer our experience to you.

Are you considering trust litigation, or the subject of a challenge to a trust?
Call 408-971-4359 to schedule a consultation

We represent clients involved in trust litigation in San Jose, Palo Alto, San Francisco, Oakland, Fremont, Santa Cruz, Monterey, and Milpitas.


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