Common Types of Trust and Estate Disputes in California

Trust and estate disputes can take many forms. Below are the categories of litigation our firm handles most frequently.

Will Contests

A will contest occurs when someone challenges the validity of a deceased person’s will. Under California law, there are four recognized legal grounds for contesting a will:

• Lack of testamentary capacity — The testator did not have the mental ability to understand the nature of their estate, who their heirs were, or what the will accomplished at the time it was signed.
• Undue influence — Another person manipulated or pressured the testator into creating or changing the will in a way that did not reflect the testator’s true wishes.
• Improper execution — The will was not signed or witnessed in accordance with the requirements under California Probate Code §6110.
• Fraud — Someone deceived the testator into signing the will or including terms they did not intend.

To succeed in a will contest, the petitioner must present evidence, such as witness testimony, medical records, or documentation, proving that one or more of these conditions occurred. The personal representative or executor typically defends the will throughout the probate litigation process. If the court finds the will invalid, it may enforce a prior valid will or apply California’s intestate succession laws.

Trust Contests

Similar to a will contest, a trust contest challenges the validity of a trust document. A trust contest may be brought on grounds of undue influence, lack of capacity, fraud, or improper execution. Trust contests can be particularly complex when the trust has been amended multiple times or when family members disagree about which version of the trust reflects the settlor’s true intent.

Breach of Fiduciary Duty

Trustees owe the beneficiaries of a trust a fiduciary duty: a legal obligation to act honestly, prudently, and in the beneficiaries’ best interests. When a trustee fails to uphold this duty, beneficiaries can bring a breach of trust action in probate court. Common examples of breach of fiduciary duty include:

• Diversion of trust assets — A trustee transfers trust funds or property to themselves or to unauthorized third parties.
• Mismanagement of investments — The trustee makes reckless or self-serving financial decisions with trust assets, including bank accounts, real estate, and other holdings.
• Failure to provide accountings — California law requires trustees to provide beneficiaries with regular accountings of all trust activity, and failure to do so is a serious breach.
• Self-dealing — The trustee enters into transactions that benefit themselves at the expense of the trust.
• Failure to distribute assets — The trustee delays or refuses to distribute trust assets to beneficiaries according to the terms of the trust document.

When our attorneys take on a breach of fiduciary duty case, we work closely with our clients to conduct a thorough investigation into the trustee’s conduct. We pursue a full accounting of the trust’s financial activity and take corrective action to protect our clients’ interests and recover any misappropriated assets.

Elder Financial Abuse in Trust and Estate Matters

Elder financial abuse is a growing concern in California estate and trust litigation. This occurs when someone in a position of trust (often a caregiver, family member, co-trustee, or successor trustee) takes advantage of a vulnerable adult for financial gain. Common examples include pressuring an elderly person to change their estate planning documents, isolating them from other family members, or draining their bank accounts and trust funds.

California’s Elder Abuse and Dependent Adult Civil Protection Act provides enhanced legal remedies for victims of financial exploitation, including the potential recovery of attorney’s fees and damages. If you suspect a loved one has been the victim of elder financial abuse, our trust litigation attorneys can investigate the situation and pursue legal action on their behalf.

Disputes Over Trust Administration

Even when no one challenges the validity of a trust, disputes can arise over how it is being administered. These trust and estate disputes often involve:

• Disagreements about asset valuation — Beneficiaries may believe that real estate, family businesses, or other trust assets have been undervalued during distribution.
• Conflicts between beneficiaries — Siblings or other parties may disagree about how assets should be divided, particularly when the trust language is vague or open to conflicting interpretations.
• Trustee compensation disputes — Beneficiaries may challenge the amount a trustee is paying themselves from the trust.
• Removal of a trustee — When a trustee is not fulfilling their obligations, beneficiaries can petition the court to have them removed and replaced.

Conservatorship Litigation

Conservatorship disputes arise when family members or other parties disagree about whether a person needs a conservator, who should serve in that role, or how the conservator is managing the protected person’s affairs. Our firm handles conservatorship litigation involving:

• Whether an individual truly requires a conservator under California law
• Who the court should appoint as conservator or guardian
• Disputes over the removal of an existing conservator
• Claims of financial exploitation or abuse by a conservator
• Allegations that a conservator has breached their fiduciary duty

These cases are often emotionally charged, and our attorneys approach them with both the legal expertise and the sensitivity they demand.

Trust Modification and Reformation

There are situations where modifying or reforming a trust becomes necessary. But the person who created the trust may have passed away, become incapacitated, or established the trust as irrevocable. In these cases, interested parties may need to petition the probate court for a modification.

Common reasons for seeking a trust modification include:

• Removing or replacing a trustee who is unable or unwilling to serve
• Adding a new trustee or co-trustee to manage complex trust assets
• Changing a beneficiary designation due to changed family circumstances
• Protecting children from a prior marriage whose inheritance may be at risk
• Providing for a family member who has become disabled and may need a special needs trust

When one party seeks a modification, and another opposes it, litigation can follow. Our attorneys have experience on both sides of these disputes: representing clients who are petitioning for a modification as well as those who are fighting to preserve the trust’s original terms.

How Does the Trust and Estate Litigation Process Work in California?

Understanding what to expect from the litigation process can help ease some of the stress that comes with these disputes. While every case is different, most trust and estate litigation matters in California follow a general path:

• Filing a petition — The process begins when an interested party files a petition with the probate court outlining the nature of the dispute.
• Notice to interested parties — All parties with a legal interest in the estate or trust must receive formal notice of the petition.
• Discovery — Both sides exchange evidence, including financial records, trust documents, medical records, and witness statements.
• Mediation or settlement negotiations — Many trust disputes are resolved through mediation before they reach trial, which can save time and reduce legal costs.
• Court hearing or trial — If the parties cannot reach a resolution, the matter proceeds to a hearing where a probate judge will issue a ruling.

Throughout each stage, our trust litigation lawyers keep our clients informed, prepare them for what lies ahead, and advocate aggressively on their behalf.

What Happens When a Trust or Estate Involves Unmarried Partners?

Trust and estate litigation can become especially complicated when the deceased person had an unmarried partner. Unlike a surviving spouse, an unmarried partner has no automatic inheritance rights under California law. Without explicit provisions in a will or trust document, a long-term partner can be left with nothing, even after decades together.

Why Unmarried Partners Face Unique Legal Challenges

• No intestate succession rights — If someone dies without a will or trust in California, their assets pass to legal heirs under the state’s intestacy laws. Unmarried partners are not recognized as heirs, regardless of how long the relationship lasted.
• Vulnerability to family disputes — Family members of the deceased may challenge a trust or will that leaves assets to an unmarried partner, particularly when the relationship was not well-known or accepted by the family.
• Allegations of undue influence — Other parties frequently argue that an unmarried partner manipulated the deceased into naming them as a beneficiary, making these cases a common trigger for trust contests and probate litigation.
• Jointly held property complications — When unmarried partners co-own real estate, bank accounts, or other assets, determining what belongs to the estate and what belongs to the surviving partner can lead to significant disputes.

These situations require a trust litigation attorney who understands both the emotional sensitivity involved and the legal strategies needed to protect a client’s interests in probate court. Whether you are an unmarried partner defending your right to an inheritance or a family member questioning the validity of a trust or will that benefits a non-family party, our attorneys can help.

Effective estate planning is the strongest safeguard against these disputes. If you are in an unmarried partnership, taking proactive steps, such as establishing a living trust, updating beneficiary designations on life insurance policies and retirement accounts, and clearly documenting your wishes, can protect your partner and reduce the risk of litigation after your passing. Contact The Law Offices of Daniel A. Hunt today for a free consultation to discuss your situation.

Why Choose The Law Offices of Daniel A. Hunt for Trust and Estate Litigation?

Most estate planning firms focus exclusively on creating wills, trusts, and other documents. When a dispute arises, many of those firms lack the litigation experience needed to represent clients in court. At The Law Offices of Daniel A. Hunt, trust and estate litigation is one of our core practice areas.

Our firm brings several distinct advantages to trust litigation cases:

• Litigation-focused experience — Our attorneys have represented clients in a wide range of trust litigation matters, from straightforward trust contests to complex multi-party disputes involving family businesses, real estate, and significant trust assets.
• Deep knowledge of California Probate Code — Trust and estate disputes are governed by a specific body of law that differs from general civil litigation, and our team understands these rules inside and out.
• Client-centered approach — We work closely with every client to understand their goals and develop a legal strategy that serves their interests, whether that means pursuing aggressive litigation or negotiating a favorable settlement.
• Comprehensive estate and trust knowledge — Because our firm also handles estate planning and trust administration, we understand how these documents are created and administered, which strengthens our ability to identify weaknesses and build a compelling case.

We represent beneficiaries, trustees, executors, and other parties across Northern California, including clients in Sacramento, Placer County, El Dorado Hills, Walnut Creek, San Francisco, and the surrounding communities.

Contact Our Sacramento Trust and Estate Litigation Attorneys Today

If you are involved in a trust or estate dispute, waiting to take legal action can put your rights and your inheritance at risk. Whether you need to contest a will, challenge a trustee’s conduct, or defend against a petition filed by other parties, our experienced attorneys are ready to help.

At The Law Offices of Daniel A. Hunt, we offer a free consultation so you can discuss your situation, understand your legal options, and decide how to move forward with confidence. We offer in-person, virtual, and telephone appointments for your convenience at our Sacramento, Roseville, and Folsom offices.

Contact our law firm today to schedule your no-cost consultation with an experienced trust litigation attorney.