At The Estate Lawyers, APC,, we represent clients across California in trust contest litigation, focusing exclusively on disputes involving undue influence, lack of capacity, fraud, and trustee misconduct. Since 2005, our litigation-only firm has helped families protect rightful inheritances and vulnerable elders in California probate courts.
California trust contests are governed by strict rules under the California Probate Code, and mistakes made early can permanently damage a case.
Our attorneys do not dabble in estate planning or document drafting. We litigate. Every case is handled by experienced trust and probate litigators who understand how California judges evaluate evidence, credibility, and fiduciary conduct.
Clients often come to us after months or years of frustration, when a trust amendment suddenly appears, a trustee refuses to account, or a vulnerable parent was pressured into changes that make no sense. We step in with clarity, strategy, and courtroom readiness.
From our Irvine office near John Wayne Airport and the Irvine Spectrum, and our San Diego office serving clients near UTC and La Jolla, we represent families throughout Southern California and statewide. If you believe a trust does not reflect the true intent of the person who created it, you deserve answers and strong legal advocacy.
A conversation with a California trust contest attorney can bring direction during an overwhelming time. We are here to guide you, fight for you, and protect what matters most.
Understanding Trust Contests and Why They Matter in California
A trust contest is a legal action filed in California probate court to challenge the validity, interpretation, or administration of a trust. These cases arise when a trust does not reflect the true wishes of the person who created it, or when a trustee’s conduct harms beneficiaries.
Trust contests matter in California because trusts are widely used to avoid probate and manage family wealth. When something goes wrong, the impact is immediate and personal. Assets can be frozen. Distributions can be delayed. Family relationships can fracture.
California law places a high value on intent. The probate court’s role is to determine whether the trust truly reflects the settlor’s intent at the time it was created or amended. That determination depends on evidence, credibility, medical records, financial behavior, and witness testimony.
If you suspect a trust was changed under pressure, created without capacity, or administered unfairly, early legal guidance can protect your rights and preserve critical evidence. Speaking with a California trust contest attorney helps you understand your options and take action before harm becomes permanent.
Our Trust Contest Services in California
- Challenge the validity of trusts and trust amendments
- Litigate undue influence and lack of capacity claims
- Pursue fraud and forgery allegations involving trusts
- Hold trustees accountable for misconduct and self-dealing
- File trust petitions under California Probate Code §17200
- Seek removal and surcharge of trustees
- Resolve inheritance and beneficiary disputes
- Litigate elder financial abuse connected to trust assets
Trusted by Estate Planning Professionals & Families
When Trusts & Estates Face Disputes
Contact UsWhy Choose a Litigation-Only Trust Contest Attorney
- Strong Local Rapport With Judges Across Southern California Courts
Our attorneys regularly appear before probate judges throughout Southern California. This professional familiarity fosters credibility, procedural efficiency, and a clear understanding of how courts evaluate trust disputes. - Exclusive Litigation Focus
We do not draft estate plans or handle transactional matters. Our firm is dedicated solely to trust, probate, and elder law litigation, allowing us to deliver dispute-specific experience when outcomes truly matter. - Fierce Client Advocacy
We are known for being relentless when protecting rightful inheritances and vulnerable family members. Our approach is strategic, assertive, and designed to hold opposing parties fully accountable. - Compassionate Representation
Trust disputes are often emotionally charged. We balance strong legal advocacy with empathy and respect, helping clients feel supported while dealing with difficult family and financial conflicts. - Community Commitment
Beyond individual cases, we are committed to protecting elders and supporting the communities we serve. Clients value our dedication to ethical advocacy and meaningful local involvement.
Legal Grounds to Contest a Trust in California
California law allows a trust to be contested only on specific legal grounds.
Undue Influence
Undue influence occurs when someone exerts pressure that overcomes the free will of the person creating or amending a trust. This often involves caregivers, relatives, or trusted advisors who isolate the trust creator and benefit from sudden or drastic changes.
California courts closely examine vulnerability, dependency, and unnatural distributions when evaluating these claims.
Lack of Mental Capacity
A trust or amendment may be invalid if the person creating it lacked the mental capacity to understand the nature of their actions. Medical records, cognitive diagnoses, medication use, and witness testimony play a critical role. Capacity is evaluated at the exact time the trust document was signed, making timely investigation vital.
Fraud or Forgery
Fraud involves intentional deception that causes someone to sign a trust they did not fully understand. Forgery involves falsified signatures or altered documents. These cases often require handwriting analysis, document examination, and detailed financial review to uncover how the trust was manipulated.
Improper Execution
California law requires trusts to meet specific legal formalities. Missing signatures, improper amendments, or violations of statutory requirements can render a trust or amendment invalid. Courts look closely at how and when documents were prepared and executed.
Elder Financial Abuse
When a trust dispute involves the exploitation of an elderly or dependent adult, California courts apply heightened scrutiny. Financial abuse claims often overlap with undue influence and can lead to additional remedies, including damages and attorney fee recovery.
How the Trust Contest Process Works Under California Law
Understanding how the trust contest process works helps families avoid missteps that can weaken an otherwise valid claim.
1. Case Evaluation and Evidence Review
The process begins with a detailed review of the trust, amendments, financial records, medical history, and communications. Early evidence preservation is critical because documents and witnesses can disappear quickly.
2. Filing a Trust Petition Under Probate Code §17200
A trust contest is initiated by filing a petition. The petition must clearly state the legal grounds and requested remedies.
3. Notice, Responses, and Court Oversight
Once filed, all interested parties receive formal notice. Trustees and beneficiaries may file objections or responses. The court actively manages the case, setting deadlines and hearings that require strict compliance with local probate rules.
4. Discovery and Investigation
Both sides exchange documents, take depositions, and consult professionals when necessary. This phase determines whether the case resolves early or proceeds toward trial.
5. Mediation, Settlement, or Trial
Some trust contests resolve through court-ordered mediation. Others proceed to evidentiary hearings or trial, where a judge decides the outcome. Litigation readiness matters because California courts expect organized evidence and experienced advocacy.
Get To Know The Estate Lawyers, APC
The Estate Lawyers, APC is a Southern California litigation law firm dedicated exclusively to trust, probate, and elder law disputes. Since 2005, our firm has focused on resolving high-conflict estate matters through courtroom-driven advocacy. We do not draft estate plans. We do not handle transactional work. We litigate trust and probate disputes when families need answers, accountability, and results.
Our attorneys are seasoned litigators with deep experience in California probate courts.
There are no junior associates learning on your case. Every matter is handled by lawyers who understand how judges evaluate credibility, evidence, and fiduciary conduct in contested trust cases.
Clients often turn to us when the situation feels overwhelming. A sudden trust amendment. A trustee who refuses to provide answers. A loved one who was taken advantage of at their most vulnerable. We approach these cases with clarity and purpose, balancing firm advocacy with genuine compassion for the people involved.
We represent clients throughout Southern California and across the state. If you are facing a serious trust dispute, working with a litigation-only firm can provide confidence, direction, and peace of mind at a critical moment.
What Clients Say About Working With Us
“This is a firm with top-notch litigators. Amy and Michelle are some of the most caring and compassionate people you will meet.” – Daniel Rodriguez
This review reflects the firm’s balance of courtroom strength and genuine compassion during high-conflict trust disputes.
“They were able to set it up and get it approved in just one hearing… fast, reliable, and accurate results.” – Sergio Mendoza
Clients value the firm’s ability to resolve complex or stalled trust matters efficiently through focused litigation.
“Administratively… they let nothing fall through the cracks and follow up in a timely manner.” – Jennifer Gómez
This shows meticulous case management, organization, and attention to procedural detail in probate court.
“They answered all my questions and explained different scenarios in easy-to-understand language.” – Patricia Patti
Clear communication helps clients feel informed and confident throughout the trust contest process.
“Helping us through a very stressful and difficult time.” – Dennis Noon
Many families describe feeling supported and reassured while handling emotionally charged trust disputes.
Our Client Litigation Process in California
- Strategic Case Assessment We begin with a focused evaluation of the trust documents, amendments, financial records, and family history. This allows us to identify viable legal grounds and assess risk before litigation begins.
- Evidence Development and Preservation
Our team gathers and secures medical records, financial data, witness statements, and analysis. Early evidence preservation is critical in trust contests, especially when capacity or undue influence is disputed. - Targeted Court Filings
We prepare and file precise trust petitions in the appropriate California Superior Court. Every filing is designed to position the case for leverage, clarity, and judicial credibility. - Aggressive Litigation or Resolution Strategy
Whether through discovery, mediation, or contested hearings, we pursue a strategy aligned with your goals. We prepare every case as if it will go to trial, which strengthens negotiating power and court outcomes. - Trial Advocacy and Final Resolution
If a case proceeds to trial, we present clear evidence and compelling arguments before the probate judge. Our focus remains on enforcing intent, protecting assets, and achieving a resolution that brings closure.
Notable Trust Litigation Cases in Southern California
California trust law is shaped by court decisions that clarify how judges evaluate trustee conduct, beneficiary rights, and the intent behind a trust. Understanding how courts have ruled in prior cases helps set realistic expectations in modern trust contests.
One frequently cited case in Southern California trust litigation is Estate of Giraldin (2012). In this California Supreme Court decision, the court clarified that trustees owe enforceable duties not only to the trust itself, but also to beneficiaries when misconduct harms their interests.
This case is regularly referenced in Orange County and San Diego trust disputes involving trustee self-dealing and breach of fiduciary duty.
These cases reinforce an important reality. California courts closely scrutinize trustee behavior and the circumstances surrounding trust changes, especially when vulnerable individuals are involved. Outcomes depend on evidence, preparation, and the ability to present a clear legal narrative.
Talk to a California Trust Contest Attorney
When a trust does not feel right, ignoring the situation rarely makes it better. Delays can lead to lost evidence, depleted assets, and fewer legal options. Speaking with a trust contest attorney early can provide clarity and protect your position before damage becomes permanent.
At The Estate Lawyers, APC, we focus exclusively on trust, probate, and elder law litigation throughout California. We bring courtroom experience, strategic insight, and genuine care to every case we handle.
If you believe a trust was created or changed unfairly, or a trustee is abusing their role, a focused conversation can help you understand your options. We are here to guide you, fight for you, and stand with you through every step of the process.