For many beneficiaries, the “family home” is the single most valuable asset in an estate. Yet, it is also the most frequent flashpoint for conflict.
Whether it is a sibling refusing to sell, a trustee managing a commercial property incompetently, or a deed that was suspiciously altered just days before a death, real estate disputes can paralyze the administration of a trust.
The reality of California probate courts is stark: litigation involving real property often spans 18 to 24 months, if not more. During that time, property taxes, insurance, maintenance costs, and market fluctuations do not pause. Every month of indecision is a withdrawal from your final inheritance.
We call this the “Cost of Inaction.” The goal of effective litigation is not just to win a legal argument, it is to stop the bleeding and convert a disputed asset into realized equity.
At The Estate Lawyers, APC, we help handle the intricacies of real estate disputes in California.
The “Equity Guard” Strategy: Protecting Value During Disputes
When evaluating counsel, you must look for a strategy that prioritizes asset preservation alongside legal victory. In Los Angeles and Orange County alone, over 40% of probate cases involve trust litigation that centers on asset valuation or classification.
If a trustee is failing to maximize the value of a property, or if a co-beneficiary is squatting in a home rent-free, the passive loss of value can exceed the cost of litigation.
At The Estate Lawyers, APC, our approach integrates aggressive procedural tools, such as Lis Pendens (Notice of Pendency of Action) or suspension of powers, to freeze the status quo and prevent a rogue trustee from selling property to a friend at a discount.
Conversely, if you are seeking to force a sale to realize your share, we utilize specific statutory vehicles to bypass obstructionist family members.
Selecting the Right Legal Vehicle for Your Dispute
California law provides distinct remedies depending on the nature of the property dispute. Choosing the wrong “vehicle” at the outset can cost you months in amended pleadings and lost leverage.
How to Break the Deadlock
If you co-own a property with siblings or other beneficiaries and they refuse to sell or buy you out, a Partition Action is often the necessary remedy. Under California law, a co-owner generally has an absolute right to partition.
Recent changes to the Uniform Partition of Heirs Property Act have altered how these cases proceed, particularly regarding appraisal mechanisms and buyout rights. This is no longer just a “force the sale” motion, it is a complex negotiation of buyout credits and offsets for mortgage payments, taxes, and improvements.
If you are facing a deadlock, an experienced inheritance dispute lawyer can help you handle these new procedural requirements to ensure you aren’t forced to accept a “fire sale” price.
Probate Code 850 Petitions: Recovering “Stolen” Property
A different approach is required when a property was wrongfully removed from the trust. We frequently see cases where a caregiver or an estranged relative procures a deed transfer shortly before the trustor’s death.
Research indicates that over 75% of trust contests in major California counties are driven by allegations of Undue Influence (35%) or Lack of Capacity (25%). In these scenarios, filing a generic civil lawsuit is inefficient.
The Probate Code 850 Petition (often called a Heggstad Petition in specific contexts) is the surgical tool used to claim that a property title held by a third party actually belongs to the trust. This petition allows the probate court to order the return of the property, and in cases of bad faith, may arguably allow for double damages.
Because these cases hinge on proving the state of mind of the deceased, you need a trust litigation attorney capable of handling discovery, medical record analysis, and depositions.
The Heggstad Petition: The “Emergency Exit”
Sometimes, the dispute isn’t malicious; it’s bureaucratic. If a parent signed a trust but forgot to retitle their vacation home into that trust, the property would technically fall into probate, costing time and money. A Heggstad petition asks the court to declare that the property was intended to be a trust asset, bypassing a full probate proceeding.
This requires clear evidence of intent (often found in the Schedule of Assets). An estate administration lawyer can evaluate if your documentation meets the strict evidentiary standards required by the court to grant this relief without a full trial.
Comparative Strategy
When you consult with us, we evaluate your case against these criteria to determine the path of highest return:
| Feature | Partition Action | 850 Petition (Recovery) | Quiet Title |
| Primary Goal | Liquidity (Cash Out) | Asset Recovery (Return to Trust) | Title Clarity (Fix Defects) |
| Typical Opponent | Co-owner / Sibling | Third Party / Bad Actor | Lender / Title Company |
| Speed to Result | Moderate (Buyout phases) | Slower (Requires Trial/Evidentiary Hearing) | Moderate |
| Cost Recovery | Possible (Common Benefit) | Possible (Double Damages §859) | Rare |
Valuation and Fiduciary Breaches
Disputes often arise not over who owns the property, but how much it is worth.
In California, a Trustee has a duty to make trust property productive. We frequently litigate cases where a trustee:
- Rents a prime residential property to a child for below-market rates.
- Sells a commercial building without testing the open market (off-market deals).
- Fails to repair a property, causing a decline in value.
These actions constitute a breach of fiduciary duty, which courts take seriously. While a “Probate Referee” provides an initial appraisal, high-stakes litigation requires forensic appraisers who understand commercial capitalization rates and development potential.
Procedural Nuance: The Danger of Generalists
Real estate litigation within a probate context is distinct from standard civil real estate law. A general real estate attorney may not understand the specific deadlines of the Probate Code or the unique powers of a probate judge.
For example, specific powers regarding partition actions in estate administration. Missing these procedural nuances can lead to dismissal or loss of standing.
Furthermore, if you suspect financial elder abuse was the catalyst for a property transfer, specific statutes allow for the recovery of attorney’s fees, a remedy rarely available in standard real estate contract disputes.
An aggressive estate litigation attorney knows how to plead these causes of action specifically to trigger insurance coverage or pressure the opposing party into settlement.
Next Steps: Evaluating Your Position
If you are watching the equity in your inheritance dissolve due to mismanagement, fraud, or deadlock, the time to act is now. The “wait and see” approach is often the most expensive strategy in estate litigation.
We invite you to a confidential case review where we can map out the specific legal vehicle, whether it be an 850 Petition, a Partition, or a removal of the trustee, that aligns with your financial goals.
Contact The Estate Lawyers, APC today to secure your legacy and stop the erosion of your equity.