When a fiduciary violates their legal duties, families need attorneys who understand both the law and the emotional weight of these disputes.
At The Estate Lawyers, APC, our California litigation team brings more than 150 collective years of courtroom experience, led by professionals who focus entirely on trust, probate, and elder abuse litigation.
Our attorneys appear in probate courts across Southern California, including the Stanley Mosk Courthouse in Los Angeles and the Central Justice Center in Santa Ana, where precision and preparation can change the outcome of a case.
The Adult Protective Services in California receives more than 200,000 reports annually involving suspected financial harm to elders. These realities make early action necessary when a trustee, executor, or agent mismanages assets or violates their duties.
Clients trust our firm because we pair strong advocacy with genuine care. As one client shared, our attorneys are “top-notch litigators and some of the most caring and compassionate people you will meet.” Families rely on that balance when the stakes involve a loved one’s safety or a rightful inheritance.
Understanding Breach of Fiduciary Duty and Why It Matters in California
A breach of fiduciary duty occurs when someone trusted to manage another person’s finances or care fails to act in their best interest.
In California, fiduciaries such as trustees, executors, conservators, and agents under a power of attorney must follow strict rules under the Probate Code. These rules require loyalty, transparency, reasonable care, and complete honesty in every decision they make.
When a fiduciary puts their own interests first, hides information, mismanages assets, or takes advantage of an elderly person, the law considers it a serious violation.
California Probate Code outlines these duties in detail, and courts in areas across the state, like Los Angeles, Orange County, Ventura, Riverside, and San Diego enforce them closely.
Breaches can cause real harm to families. Trust assets can disappear. Elders can be isolated or pressured into harmful decisions. Real estate can be sold without proper authority. Because California property values are high, even a single act of misconduct can create significant losses for an estate.
Understanding these duties is the first step toward protecting your loved ones and preserving the legacy they intended. If you are unsure whether a fiduciary crossed the line, you are not alone. We are here to help you understand your options with clarity and confidence.
Our Breach of Fiduciary Services
- Removal of Fiduciary
- Trustee Mismanagement
- Executor Misconduct
- Financial Elder Abuse
- Business Partner Breach
- Conflicts of Interest
- Failure to Disclose or Account
- Misappropriation of Assets
- Negligence in Fiduciary Role
Trusted by Estate Planning Professionals & Families
When Trusts & Estates Face Disputes
Contact UsWhy California Families Trust Our Firm
Clients describe The Estate Lawyers, APC as highly professional, compassionate, and deeply trustworthy. They speak about relief, peace of mind, and the confidence that comes from working with a team that listens, explains clearly, and delivers meaningful results.
“Top notch litigators and some of the most caring and compassionate people you will meet.”
Our clients value our ability to fight hard for them while still offering steady guidance through stressful situations.
“The best of the best. I would not hesitate to send a family member to them.”
Families appreciate the trust and reassurance that come from knowing their case is handled with complete commitment and attention.
“They were able to get it approved in just one hearing.”
Clients turn to us when they need strong courtroom advocacy and results that move stalled or intricate matters forward.
“Some of the most qualified, diligent, responsive, empathetic attorneys.”
People notice the balance we bring to every case, with both legal excellence and sincere care for the families we serve.
How to Recognize a Breach of Fiduciary Duty in California
Many families sense something is wrong long before they know the legal term for it. In California, fiduciaries must act with complete honesty and transparency. When they do not, the warning signs often appear gradually.
Common signs include delayed or incomplete accountings, unexplained withdrawals, secret transfers of real estate, or a trustee who refuses to share financial records.
Families in Southern California also see problems when a fiduciary uses trust funds for personal gain, pressures an elder to change a will or trust, or tries to limit access to important medical or financial information.
Some concerns arise after a report to Adult Protective Services. Local APS offices in Los Angeles, Orange County, Ventura, Riverside, San Bernardino, and San Diego often identify patterns of financial exploitation during routine investigations. These findings can confirm what families have suspected for months.
If you notice any of these signs, trust your instincts. A quiet concern is often the first step toward protecting a loved one and preserving their wishes. We are here to help you understand what is happening and what you can do next.
About The Estate Lawyers, APC
The Estate Lawyers, APC is a leading Southern California litigation firm focused exclusively on trust, probate, and elder abuse disputes since 2005. This focus gives our attorneys and seasoned litigators deep experience in breach-of-fiduciary-duty matters.
Known in local probate courts for clear preparation and steady, effective advocacy, we guide families through complex conflicts with clarity and calm.
We’re also deeply rooted in the community, maintaining long-standing relationships with chambers of commerce across Los Angeles, Orange County, Ventura, Riverside, and San Diego. These ties reflect our commitment to serving families, seniors, and professionals who rely on accurate guidance during difficult times.
When you need a firm that understands both the law and the human impact behind these disputes, we’re here with clear direction and steady support.
What Happens When a Fiduciary Violates Their Duties
When a fiduciary violates their duties, California courts have strong tools to protect beneficiaries and elders.
A judge can suspend or remove the fiduciary, order a full accounting, require repayment of losses, or impose a surcharge for misconduct. In serious cases involving elder exploitation, the court may award additional damages to repair the harm.
Families in Southern California often begin this process by filing a petition in the local probate court. These filings ask the court to intervene, review the evidence, and take action to protect the estate.
Many cases move forward after concerns are raised with Adult Protective Services. APS reports can uncover financial irregularities or patterns of influence that support a petition. Once a case enters the probate system, the judge may request records, hold hearings, or appoint investigators to understand the full scope of the breach.
This process can feel overwhelming, especially when family relationships are strained. You do not need to face it alone. Our team can help you understand what to expect and guide you toward a path that protects your loved one and restores clarity.
Our Breach of Fiduciary Duty Litigation Process in California
At The Estate Lawyers, APC, we handle litigation exclusively. Since 2005, we’ve guided families across California through fiduciary breach disputes in probate and superior courts.
1. Case evaluation
We review trust and estate documents, financial records, and witness information to identify misconduct and develop a clear litigation strategy.
2. Filing in court
Most matters are filed in the Probate Division of the California Superior Court. We move quickly to file petitions, seek injunctions, and freeze assets when necessary.
3. Discovery and evidence
We obtain bank records, communications, and witness testimony, and consult with financial and medical professionals when conservatorship or capacity issues arise.
4. Settlement efforts
When a fair resolution is possible, we negotiate terms that safeguard assets and beneficiaries. Our trial-ready approach often encourages early settlement.
5. Trial and remedies
If trial is required, we pursue trustee removal, restitution, and damages. Our focus is holding fiduciaries accountable and protecting families from further harm.
Local Resources We Work With in California
- Stanley Mosk Courthouse, Los Angeles
- Central Justice Center, Orange County
- Ventura County Government Center
- Riverside Hall of Justice
- San Bernardino Justice Center
- San Diego Probate Court
- Los Angeles County Adult Protective Services
- Orange County Adult Protective Services
- Ventura County Adult Protective Services
- Riverside County Adult Protective Services
- San Bernardino County Adult Protective Services
- San Diego County Adult Protective Services
- Los Angeles Area Chamber of Commerce
- Orange County Business Council
- Ventura Chamber of Commerce
- Riverside Chamber of Commerce
- San Diego Regional Chamber of Commerce
Speak With a California Fiduciary Duty Attorney Today
You do not have to go through fiduciary misconduct, financial uncertainty, or family conflict on your own. Our team is here to answer your questions, review your concerns, and guide you toward a clear and confident path forward. When you are ready, we will stand with you and protect what matters most to your family.
Contact us to schedule a consultation and take the next step with clarity and peace of mind.
The Estate Lawyers, APC: Here to guide, here to fight, here for you.