At The Estate Lawyers, APC, we handle contested estates in Fresno County. Since July 2005, this firm has practiced litigation only. No estate planning, no document drafting, no general practice.
Our team is led by board-certified specialists in estate, probate, and trust litigation with more than 150 years of combined courtroom experience and Super Lawyers recognition.
Probate and trust litigation is the courtroom side of inheritance. It is what you file when someone who controls an estate is breaking the rules, when a will or trust does not reflect what your parent actually wanted, or when an estate has simply stopped moving. That is different from planning work, and most general-practice attorneys do not do it.
Fresno County estates often carry assets that make disputes harder to unwind. According to the Fresno County Department of Agriculture’s 2022 Crop and Livestock Report, Fresno County ranked first in California for agricultural production value, with over 1.8 million acres of farmland that can give rise to complex valuation and partition disputes in estate proceedings.
Deadlines are the other pressure. Trust contests can be barred 120 days after a proper notice goes out, and will contest windows in the probate division move just as quickly. The first step is finding out where your clock stands.
What Clients Say About The Estate Lawyers, APC
“This is a firm with top-notch litigators.”- Daniel Rodriguez
Contested estates are won in the courtroom, and that is the only work this firm does.
“They were able to set it up and get it approved in just one hearing… fast, reliable, and accurate results.”- Sergio Mendoza
Speed matters when an executor is sitting on assets and probate deadlines are running.
“Administratively… they let nothing fall through the cracks and follow up in a timely manner.”- Jennifer Gómez
Missed filings and unanswered petitions are how stalled estates stay stalled.
“They answered all my questions and explained different scenarios in easy-to-understand language.”- Patricia Patti
Beneficiaries deserve to know their options in plain English before deciding whether to file.
What Is the Difference Between an Executor and a Trustee, and Does It Change My Rights?
An executor manages assets that pass through probate under a will and works within the court-supervised probate process. A trustee manages assets held in a trust, usually without automatic court oversight.
For beneficiaries, the biggest difference is how problems are enforced. Probate gives you a formal court process to raise objections. With a trust, you may need to take legal action if the trustee refuses to provide information, delays distributions, mismanages assets, or violates the trust.
Both executors and trustees are fiduciaries. They generally must act honestly, manage assets properly, provide required information or accountings, and distribute property according to the governing documents and California law.
If they fail to do so, beneficiaries may be able to seek an accounting, challenge improper conduct, compel action, or ask the court to remove the fiduciary.
What Sets The Estate Lawyers Apart in Fresno
A litigation-focused firm, not an estate planner who occasionally handles disputes
When an inheritance dispute, fiduciary conflict, or contested estate becomes serious, you need an attorney prepared to litigate. Our practice is focused on trust, probate, and estate litigation, giving us the depth to handle contested matters from early negotiations through trial.
Board-certified specialists in estate litigation
Our team includes board-certified legal specialists, a distinction earned by a small percentage of California attorneys. That advanced credential reflects a higher level of experience and specialization in complex estate disputes.
150+ years of combined litigation experience
Our attorneys bring decades of collective courtroom experience to disputes involving wills, trusts, executors, trustees, beneficiaries, and estate assets. Members of our team have also been recognized by Super Lawyers and rated on AVVO.
Experience with Fresno County probate litigation
Estate disputes in Fresno are handled through the Fresno County Superior Court, and local procedure can affect how a case develops. We understand how probate litigation moves through the court system and use that experience to build practical strategies around deadlines, petitions, discovery, settlement, and trial.
Our Litigation Services in Fresno
- Probate Litigation
- Probate and Trust Administration
- Trust Litigation
- Will Contests
- Trust Contests
- Trustee Removal and Surcharge
- Breach of Fiduciary Duty
- Trust Accounting Disputes
- Inheritance Disputes
- Conservatorships
- Elder Financial Abuse Litigation
- Estate Mediation and Trial Representation
Areas We Serve in Fresno
- Fresno
- Clovis
- Madera
- Visalia
- Tulare
- Hanford
- Selma
- Sanger
- Reedley
- Fowler
- Kingsburg
- Fresno County
Trusted by Estate Planning Professionals & Families
When Trusts & Estates Face Disputes
Contact UsWhat Are the Most Common Reasons for Trust Disputes?
Trust disputes can arise when beneficiaries question whether the trust reflects the creator’s true wishes or whether the trustee is handling the trust properly.Common reasons include:
- Undue influence: Someone may have pressured the trust creator into changing the trust for their benefit.
- Lack of capacity: A beneficiary may believe the trust creator did not have the mental capacity to understand the changes being made.
- Fraud or forgery: Disputes can arise when a trust document or amendment appears suspicious or improperly executed.
- Conflicting trust documents: Family members may disagree over which version of the trust is valid.
- Breach of fiduciary duty: A trustee may be accused of putting personal interests ahead of the beneficiaries.
- Self-dealing or misuse of assets: A trustee may use trust property for their own benefit or make improper transfers.
- Delayed distributions: Beneficiaries may challenge a trustee who is withholding assets without a valid reason.
- Failure to provide information or accountings: Trustees generally have duties to keep beneficiaries informed about trust administration.
- Unequal treatment of beneficiaries: Disputes may arise when a trustee appears to favor one beneficiary over another.
- Mismanagement of trust property: Poor investments, failure to protect assets, or improper sales can lead to litigation.
Get to Know The Estate Lawyers, APC
The Estate Lawyers, APC has practiced since July 2005 as a litigation-only firm, handling trust, probate, and elder law disputes exclusively. There is no general practice arm and no transactional work, which means no divided attention between drafting clients and clients in an active fight.
The firm is led by board-certified specialists in estate litigation, a designation that requires proven courtroom experience and testing in the field, not simply years in practice. Attorneys are recognized by Super Lawyers, a peer-nominated and research-driven rating organization, and listed on AVVO.
Across the team, there are more than 150 years of combined litigation experience in contested trust, probate, and elder law matters, along with established relationships in probate and civil courts.
That courtroom focus is what clients in Fresno and throughout the Central Valley rely on when an executor stops communicating, a trustee breaches a duty, or a will changes at the end of a parent’s life.
What Is the Difference Between Estate Litigation and Probate Litigation?
Estate litigation and probate litigation are closely related, and the terms are sometimes used interchangeably. The main difference is their scope.
Probate litigation generally refers to disputes that arise during the court-supervised probate process. These cases may involve:
- Will contests
- Executor misconduct or removal
- Disputes over estate accountings
- Creditor claims
- Disagreements over asset distribution
- Questions about which will is valid
Estate litigation is a broader term that can include probate disputes as well as other conflicts involving a deceased person’s property, beneficiaries, or estate plan. Depending on the circumstances, it may involve trusts, beneficiary rights, fiduciary misconduct, financial elder abuse, or property that was transferred before death.
Our Process for Probate and Trust Litigation Clients in Fresno
1. Initial case evaluation
We review the will, trust documents, accountings, and the facts of the dispute to determine whether you have a claim worth pursuing. You leave that first conversation knowing where you stand, not with a vague maybe.
2. Strategy session and deadline check
We identify the specific claims available to you, whether that is executor removal, a will contest, undue influence, or breach of fiduciary duty, and we map the filing deadlines that apply. California gives trust beneficiaries only 120 days from a proper notice to contest a trust, so this step happens fast.
3. Filing and service
We prepare and file the petition with the Fresno County Superior Court probate division and serve every required party. Filing also puts the other side on notice that stalling is over.
4. Discovery and evidence
We gather bank records, deeds, medical records, trust accountings, texts, and emails, and take sworn testimony where needed. This is where hidden transfers and missing farm income usually surface.
5. Mediation or hearing
Many contested estates resolve at mediation once the evidence is on the table. If it does not, we argue the matter in front of the probate judge.
6. Trial
When settlement fails, we try the case. Our attorneys practice litigation only, and courtroom work is what this firm does every day.
7. Enforcement and distribution
We make sure the court’s order is actually carried out, including removal of a fiduciary, surcharge for losses, and distribution of assets. A judgment on paper is worthless until the money and property move. Learn more about probate litigation claims.
Probate Lawyers and Trust Attorneys Questions We Hear Most
What is the actual deadline to contest a will or a trust in California, and have I already missed it?
For a trust, California Probate Code section 16061.7 requires the trustee to send beneficiaries a notice, and once you receive it you generally have 120 days to file a contest. For a will, Probate Code section 8270 allows a petition to revoke probate within 120 days after the will is admitted. If you never received a formal notice, the clock may not have started, which is why a quick review of your paperwork matters more than guessing.
Can a trustee be removed without going to court, or does that always mean litigation?
Some trusts include a removal provision that lets beneficiaries replace a trustee by written agreement, so read the document first. Otherwise, removal happens under Probate Code section 15642, which requires a petition and a judge’s order based on grounds like breach of trust, hostility toward beneficiaries, or failure to act.
How long does probate take in Fresno County right now?
Most uncontested California probates run nine months to eighteen months, and Fresno County’s probate calendar can push that longer when hearings get continued. A contested matter, such as a will challenge or removal petition, typically adds a year or more depending on discovery and whether the case settles.
What does probate actually cost in California, and will it eat the whole estate?
California sets statutory probate fees by a percentage of the gross estate value, so a $600,000 home produces the same fee whether it has a mortgage or not. Litigation costs are separate and depend on the fight, but some contested matters support hybrid or contingency arrangements, which is worth asking about before assuming you cannot afford to act.
Does the estate still go through probate if my parent had a trust?
Assets properly titled in the trust skip probate, but anything left in your parent’s individual name usually does not. Farmland, a parcel that was never retitled, or a bank account missed during funding often still requires a probate filing, which is a common problem in Central Valley estates where land was held for decades.
I think a caregiver or new spouse pressured my mother into changing her will right before she died. Is that provable?
Yes. Undue influence cases are built on evidence patterns: a sudden change late in life, isolation from family, the new beneficiary arranging the lawyer, declining health, and a distribution that contradicts decades of prior documents. California’s elder abuse statutes also allow financial recovery when a vulnerable adult was exploited, and financial elder abuse claims are often filed alongside a will or trust contest.
Can I demand a trust accounting, or do I just have to trust what the trustee tells me?
Beneficiaries are generally entitled to a formal accounting showing every receipt, disbursement, and asset held. If a written demand goes unanswered, a court can order the accounting, and unexplained gaps often become the foundation of a surcharge claim, meaning the trustee pays the loss personally.
A general practice attorney told me this would take years and cost a fortune, then never followed up. Is that accurate?
That answer usually reflects the attorney’s discomfort with contested probate, not the strength of your case. The Estate Lawyers, APC practices only trust, probate, and elder law litigation, with board-certified specialists in estate litigation and more than 150 years of combined courtroom experience, so the first conversation is an honest read on whether the case is worth pursuing.
Useful Local Resources for Probate and Trust Cases in Fresno
- Fresno County Superior Court, Probate Division
- Fresno County Superior Court, B.F. Sisk Courthouse
- Fresno County Clerk-Recorder
- Fresno County Assessor-Recorder
- Fresno County Public Administrator
- Fresno County Public Guardian
- Fresno County Adult Protective Services
- Fresno County Bar Association Lawyer Referral Service
- Central California Legal Services
- Fresno Madera Area Agency on Aging
- California Department of Aging Long-Term Care Ombudsman Program
- Fresno County Law Library
Speak with a Fresno Probate and Trust Litigation Attorney Today
Every week an executor stalls, a trustee sells property, or a contest deadline runs out. California gives you only 120 days to challenge a trust after receiving proper notice, and other deadlines move faster than most families expect. Find out where your clock stands before it costs you.
The Estate Lawyers, APC handles nothing but trust, probate, and elder law litigation. Board-certified specialists, Super Lawyers recognition, and more than 150 years of combined courtroom experience go into contested estates across Fresno County, from executor removal to undue influence and will contests.
Call us for a no-obligation case assessment. The first conversation is about whether you have a case and what it would take to win it, not a commitment.