Trust & Probate Estate Litigation

We advocate on behalf of beneficiaries, trustees and executors.

We handle claims and defenses concerning:

  • Will and trust contests
  • Accountings
  • Breaches of fiduciary duty
  • Capacity to make a will or trust, codicil, or trust amendment
  • Undue influence
  • Elder abuse
  • Trust and probate administration

We seek to resolve matters through negotiation, mediation, arbitration and court trial.

Representative Matters

  • Prevailed on motion for judgment on the pleadings to dismiss will contest; at trial defeated 50% of claim of contract to make a will.
  • Obtained settlement of $3.5 million in claim to set aside trust amendment based on claims of undue influence.
  • Settled claim to set aside trust amendment based on claims of undue influence and lack of capacity with clients receiving distribution $1.6 million.
  • Settled claim as to whether certain property was community property claim or separate property of decedent, resulting in $357,000 distribution.
  • Settled claim against trustee for failing to distribute and account, and for breach of fiduciary.  
  • Settled claim by wife’s family following deaths of husband and wife resulting in distribution of approximately $250,000 to wife’s heirs.
  • Settled objections to trustee’s accounting and claims against trustee.

 


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