Do I need a lawyer for a probate or trust dispute in California?

Yes, in almost all cases. Probate and trust litigation are complex legal proceedings with strict deadlines and procedural requirements. Whether you're contesting a will, challenging a trustee, or defending against claims, legal representation is essential to protect your interests.

How do I contest a will in California?

You must file a will contest within 120 days after the will is admitted to probate. Grounds include lack of capacity, undue influence, fraud, or improper execution. You need standing as an interested person who would inherit if the will were invalid.

Can I sue a trustee in California?

Yes. Under California Probate Code 16420, beneficiaries can petition to remove a trustee for breach of trust, self-dealing, failure to account, or other violations. You can also seek surcharges for damages caused by trustee misconduct.

Do I Need a Probate or Trust Litigation Lawyer?

Answer 6 quick questions to get a personalized recommendation

What type of dispute do you have?

Will contest - the will is invalid due to undue influence, fraud, or incapacity

Trust dispute - trustee is mismanaging funds or self-dealing

Breach of fiduciary duty - executor or trustee isn't acting properly

Accounting dispute - not receiving information about the estate/trust

Disinheritance - was unexpectedly cut out of a will or trust

What is the approximate value of the estate or trust?

Over $1,000,000

$500,000 - $1,000,000

$100,000 - $500,000

Under $100,000

What is your relationship to the deceased?

Spouse or registered domestic partner

Child (including adopted or stepchild)

Sibling, parent, or grandchild

More distant relative or non-relative

Named beneficiary in prior will or trust

Are there signs of undue influence or elder abuse?

Yes - last-minute changes benefiting a caregiver or new "friend"

Yes - changes made when deceased was isolated or dependent on one person

Possibly - suspicious circumstances around document changes

No - but I disagree with the distribution

How recently did the person pass away or when was the will/trust changed?

Within the last few months (deadlines may be imminent)

6 months to 1 year ago

1-2 years ago

Over 2 years ago (may be too late for some claims)

Do you have evidence supporting your concerns?

Yes - witnesses, medical records, prior estate documents, suspicious transactions

Some - limited documentation but strong circumstantial evidence

Need to investigate - haven't been given access to records

No - just suspicions or disagreement with the outcome

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You Need a Probate Litigation Attorney

Your situation involves complex legal issues with strict deadlines. A probate litigation attorney can evaluate your claims, gather evidence, and represent you in court. Time is critical - some deadlines are as short as 120 days.

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Legal Action May Be Difficult

Based on your answers, your case may be challenging to pursue. However, you should still consult with an attorney to understand your options.

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Consult with a Probate Litigation Attorney

Your case has elements that may support a claim, but probate litigation is expensive and outcomes are uncertain. A consultation will help you understand your options and the strength of your case before committing.

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Probate and Trust Litigation in California

⚠️ Critical Deadlines

Will Contest: 120 days after will admitted to probate
Trust Contest: 120 days after Prop 16600.3 notification or 60 days after initial notice
Creditor Claims: 4 months or 60 days after notice (whichever is later)

Estate disputes are emotionally charged and legally complex. Whether you're challenging a will, contesting trust administration, or defending against claims, understanding your options is essential.

Types of Probate and Trust Disputes

Type of Dispute	Common Issues
Will Contest	Lack of capacity, undue influence, fraud, improper execution, forgery
Trust Contest	Similar to will contest, plus challenges to trust amendments
Breach of Fiduciary Duty	Trustee/executor mismanagement, self-dealing, failure to distribute
Accounting Disputes	Demanding transparency, challenging expenses, missing assets
Trustee Removal	Seeking to remove incompetent or dishonest trustee
Elder Abuse	Financial exploitation leading to estate plan changes

Grounds for Contesting a Will or Trust

Lack of Capacity: Person didn't understand what they were signing
Undue Influence: Someone exerted pressure to benefit themselves
Fraud: Lied about contents or tricked person into signing
Duress: Threats or coercion used to obtain signature
Improper Execution: Document wasn't properly signed or witnessed
Forgery: Signature isn't authentic

Who Can Contest a Will or Trust?

You must have "standing" - meaning you would benefit if the document were invalid:

Heirs who would inherit under intestacy (no will)
Beneficiaries named in a prior will or trust
Current beneficiaries challenging amendments
Spouses with community property rights

Signs of Undue Influence

Last-minute changes to estate documents
Changes benefiting a caregiver, new friend, or professional advisor
Deceased was isolated from family
Deceased was dependent on the beneficiary
Secretive circumstances around document creation
Significant departure from prior estate plans
Beneficiary involved in creating or selecting the attorney

Trustee and Executor Duties

Fiduciaries must:

Act in beneficiaries' best interests
Avoid self-dealing and conflicts of interest
Keep assets separate from personal funds
Provide accountings when requested
Distribute assets according to the document
Invest prudently
Keep beneficiaries reasonably informed

Remedies Available

Will/trust invalidation: Throwing out the contested document
Removal of fiduciary: Replacing trustee or executor
Surcharge: Making fiduciary pay for losses caused
Accounting: Forcing disclosure of all transactions
Distribution orders: Compelling distribution of assets
Attorney fees: In some cases, from the estate

Why You Need an Attorney

Strict deadlines (120 days to contest)
Complex procedural requirements
Need for expert witnesses (medical, document examination)
Sophisticated legal arguments
Other parties will likely be represented
High stakes - inheritance at risk

Costs of Probate Litigation

Attorney fees: $10,000 - $100,000+ depending on complexity
Expert witnesses: $5,000 - $20,000+
Court costs: Filing fees and other expenses
Contingency: Some attorneys take probate cases on contingency

Alternatives to Litigation

Mediation: Neutral mediator helps parties reach agreement
Family settlement agreement: All beneficiaries agree to different distribution
Negotiated buyout: One party compensates others to avoid trial

Resources

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