What Is Probate & Trust Litigation?
Probate and trust litigation involves disputes over the validity, administration, or distribution of a will, trust, or estate. These cases arise when a beneficiary suspects undue influence or fraud in the creation of an estate plan, when a trustee mismanages or misappropriates trust assets, or when family members disagree over how an estate should be administered.
RV Litigation Group PC represents beneficiaries, heirs, and trustees throughout California — including the San Francisco Bay Area, Sacramento, Los Angeles, and San Diego — in probate court petitions, trust contests, and breach of trust litigation. These disputes are often high-value and emotionally charged, and they move on strict statutory deadlines that can permanently bar a claim if missed.
Trust and estate disputes take many forms: a beneficiary alleging that a parent's will was changed under undue influence shortly before death, siblings disagreeing over a trustee's handling of a family business, or an elderly parent's caregiver becoming the surprise beneficiary of a late-in-life trust amendment. Whether representing the person challenging an estate plan or the fiduciary defending their administration, we bring the same rigorous, fact-driven approach to every matter.
What the Law Says
Probate Code 16000 — Trustee's Duty of Administration
"On acceptance of a trust, the trustee has a duty to administer the trust according to the trust instrument and, except to the extent the trust instrument provides otherwise, according to this division." — California Probate Code Section 16000
Trustees owe beneficiaries a comprehensive set of duties, including administering the trust according to its terms, avoiding conflicts of interest, keeping trust property separate from personal assets, and keeping beneficiaries reasonably informed of trust activity. A trustee who deviates from these duties can be surcharged for resulting losses and removed from office.
Probate Code 17200 — Petitions Concerning Trust Internal Affairs
"A trustee or beneficiary of a trust may petition the court under this chapter concerning the internal affairs of the trust or to determine the existence of the trust." — California Probate Code Section 17200
Section 17200 is the primary procedural vehicle for trust litigation in California, allowing beneficiaries and trustees to petition the probate court for an accounting, instructions, removal of a trustee, determination of trust validity, and a wide range of other relief without the need for a separate civil lawsuit.
Probate Code 21310-21315 — No-Contest Clauses
"'Direct contest' means a contest that alleges the invalidity of a protected instrument or one or more of its terms, based on one or more of the... grounds [including] forgery, lack of due execution, lack of capacity, menace, duress, fraud, or undue influence." — California Probate Code Section 21310
No-contest clauses attempt to disinherit a beneficiary who challenges an estate plan, but California law significantly limits their reach. A no-contest clause is enforceable only against certain direct contests brought without probable cause. Petitions for accountings, instructions, or interpretation generally do not trigger these clauses. Careful case evaluation before filing is essential.
Real-World Examples
These scenarios illustrate how probate and trust disputes commonly arise throughout California:
An elderly widow in Los Angeles amends her trust two weeks before her death, cutting her three children out entirely in favor of a recently hired caregiver. The children can petition to invalidate the amendment based on lack of capacity and undue influence under Probate Code 6104 and 86, seeking to restore the prior trust terms and, where the caregiver falls under the statutory presumption of fraud for care custodians, potential financial elder abuse remedies.
A sibling serving as trustee of a Sacramento family trust quietly sells trust real estate to their own LLC below market value, then delays providing the annual accounting required by Probate Code 16062. The other beneficiaries can petition for a compelled accounting, surcharge the trustee for the difference between the sale price and fair market value, and seek the trustee's removal.
A San Diego man's will, drafted by an attorney arranged by his new spouse of eight months, leaves nearly the entire estate to her and disinherits his adult children from a prior marriage. The children file a will contest alleging undue influence, pointing to the spouse's isolation of their father in his final year and her direct involvement in selecting and instructing the drafting attorney.
Beneficiaries of a Bay Area family trust discover the trustee has not distributed trust income for over two years and refuses to explain why. They petition the probate court under Probate Code 17200 to compel an accounting and, once the accounting reveals commingled funds, seek surcharge and immediate suspension of the trustee's powers pending a full investigation.
What's at Stake
Probate and trust disputes carry significant financial and family consequences. California law provides beneficiaries and heirs with robust tools to challenge fiduciary misconduct and invalid estate plans.
| Claim Type | Key Elements | Potential Recovery | Deadline |
|---|---|---|---|
| Will Contest | Lack of capacity, undue influence, fraud, forgery, or improper execution | Invalidation of the will, restoration of a prior will or intestate succession | Before admission to probate / after, per Prob. Code 8270 |
| Trust Contest | Lack of capacity, undue influence, fraud, improper amendment | Invalidation of trust or amendment, restoration of prior terms | 120 days from notification (Prob. Code 16061.8) |
| Breach of Trust | Trustee violated a fiduciary duty, causing loss to the trust | Surcharge, removal, attorney fees (Prob. Code 17211) | 3-year SOL (Prob. Code 16460) |
| Compelled Accounting | Trustee failed to account as required under Prob. Code 16062 | Court-ordered accounting, sanctions for noncompliance | No fixed deadline; act promptly |
| Financial Elder Abuse (Estate Context) | Wrongful taking of property from an elder by undue influence or fraud | Double damages, attorney fees (Welf. & Inst. Code 15657.5) | 4-year SOL (Welf. & Inst. Code 15657.7) |
Presumption of undue influence: California law creates a presumption of undue influence when a donative transfer is made to the person who drafted the instrument, a care custodian, or certain other disqualified persons under Probate Code 21380. Once triggered, the burden shifts to the recipient to prove the transfer was not the product of undue influence — a powerful tool for beneficiaries challenging a suspicious late-in-life estate plan change.
How We Help
At RV Litigation Group PC, we handle probate and trust matters from initial investigation through probate court litigation and, where necessary, trial. Our approach is methodical, discreet, and tailored to the sensitivities inherent in family estate disputes.
1. Case Evaluation & Standing Analysis
Before filing, we evaluate whether you have standing to bring a claim, whether a no-contest clause creates risk, and what the realistic range of outcomes looks like. This early analysis shapes the entire litigation strategy and avoids costly missteps.
2. Document & Medical Record Investigation
Will and trust contests are won on evidence of capacity and influence. We gather medical records, prior estate planning documents, financial records, and witness accounts to build a timeline of the decedent's condition and the circumstances surrounding the disputed document.
3. Probate Court Petitions
We prepare and file petitions under Probate Code 17200 and related sections to compel accountings, seek instructions, contest a will or trust, or remove a trustee. We handle these matters in probate courts throughout California, including Santa Clara, San Francisco, Sacramento, Los Angeles, and San Diego Counties.
4. Emergency Relief
When trust assets are at risk of dissipation, we move quickly to suspend a trustee's powers, freeze accounts, and appoint a temporary trustee. Time is critical in these situations, and delay can mean the difference between recovering assets and losing them permanently.
5. Mediation & Settlement
Many probate disputes are, at their core, family disputes. Where appropriate, we pursue mediated resolutions that preserve family relationships while still protecting our client's financial interests — often a faster and less costly path than a contested trial.
6. Trial Advocacy
When settlement is not achievable, we are fully prepared to litigate will and trust contests through trial, presenting medical, financial, and testimonial evidence to prove — or defend against — claims of incapacity, undue influence, and breach of fiduciary duty.
Frequently Asked Questions
Only a person with "standing" can contest a will or trust in California — generally an heir, a beneficiary named in the current or a prior version of the document, or someone who would inherit under intestate succession if the document were invalidated. Common grounds for a contest include lack of testamentary capacity, undue influence, fraud, forgery, and improper execution.
Under Probate Code 16061.7 and 16061.8, a beneficiary generally has 120 days from receiving formal notification from the trustee to contest the trust. Missing this deadline can permanently bar a challenge, so it is critical to consult an attorney as soon as you receive a trustee notification or suspect a problem with a trust.
Yes. Under Probate Code 15642, a court may remove a trustee for breach of trust, unfitness, hostility with beneficiaries that impairs administration, failure to account, or other conduct that endangers trust property. Beneficiaries can petition the probate court for removal, a surcharge for losses, and appointment of a successor trustee.
A no-contest clause purports to disinherit a beneficiary who challenges the will or trust. California significantly narrowed these clauses under Probate Code 21310-21315 — they are now enforceable only against certain "direct contests" brought without probable cause, and several categories of petitions (such as those seeking instructions or interpretation) are not considered contests at all. An experienced attorney can evaluate whether a specific challenge risks triggering a no-contest clause.
Beneficiaries can seek a full accounting, surcharge against the trustee for losses caused by the breach (Probate Code 16440), removal of the trustee, suspension of trustee powers during litigation, and recovery of attorney fees in many cases. Where a trustee acted with malice or fraud, punitive damages may also be available.
