At The Estate Lawyers, APC, our trust and estate litigators help San Diego families resolve disputes over a family’s trust or estate, including what happens to the family home. We have handled these cases since July 2005.
Probate is the court process for passing on assets held outside a trust. A trust passes assets privately through a trustee. When someone questions a document or a decision, it can become a trust contest, a court challenge to whether a trust or amendment is valid.
Our practice is limited to litigation. We handle only contested probate, trust and estate cases, where a dispute has come up or a court challenge is needed.
Why San Diego Clients Choose The Estate Lawyers, APC
Trust and Probate Disputes Since 2005
We were founded in July 2005. Our team has more than 150 years of combined litigation experience, and each attorney has 7 to 10 or more years in trust and estate litigation.
Led by a Certified Specialist
Amy L. Gostanian has been a State Bar of California Certified Specialist in estate planning, trust and probate law since 2010. Bradley R. Kirk has taken more than 100 cases to trial in probate court.
Peer-Recognized Attorneys
Super Lawyers, a peer-nominated rating organization, recognizes our attorneys, and they are listed and rated on AVVO.
Ready When Administration Becomes a Dispute
We handle probate and trust administration, and if a disagreement over the house or the trust arises, we move straight into litigation.
Prepared for Trial, Focused on Resolution
We gather records, medical files and financial tracing from day one. That preparation strengthens settlement talks, and many disputes resolve before trial.
In Our Clients’ Own Words
“It gave me the understanding and clarity I needed and has eased my path forward.” Debra T.
“She has an excellent ability to explain complicated legal issues in a way that is clear and easy to understand.” Maria M.
“That level of care made a stressful experience feel a lot less overwhelming.” Alexandra H.
“Very respectful, understanding, honest & patient.” MaryJo L.
“I really appreciated how detail-oriented and proactive she was, and it was clear that she genuinely cared about helping me and making sure everything went smoothly.” Jessica T.
How Long Do I Have To Contest A Will Or Trust In California?
For a trust, usually 120 days, and the clock starts with a notice, not with the death. Under Probate Code section 16061.8, a beneficiary or heir has 120 days after the trustee’s notification to file a trust contest, or 60 days after receiving a copy of the trust terms if that comes later.
A will follows a different track. You can object before the San Diego Superior Court admits it to probate. After admission, you generally have 120 days to petition to revoke it. Common grounds include lack of capacity and undue influence (pressure that replaced a parent’s own wishes).
Missing a deadline can end your right to challenge the document. Write down the date any trustee notice or probate petition reached you. If no notice ever arrived, the clock may not have started.
Under California Probate Code section 9100, creditors generally have until the later of four months after letters are issued or 60 days after notice is given to file a claim against the estate. When a trustee stalls on documents, how the court directs a trustee can shape your timing as well.
Our Probate And Trust Services In San Diego
- Probate litigation
- Estate litigation
- Trust litigation
- Trust contests
- Will contests
- Inheritance disputes
- Breach of fiduciary duty claims
- Financial elder abuse
- Conservatorships
Where We Serve In San Diego
- Downtown San Diego
- Mission Valley
- North Park
- Hillcrest
- La Jolla
- Pacific Beach
- Point Loma
- Mission Hills
- Kensington
- Clairemont
- Chula Vista
- El Cajon
- Santee
- Escondido
- National City
Trusted by Estate Planning Professionals & Families
When Trusts & Estates Face Disputes
Contact UsWhat Counts As Financial Elder Abuse In California?
Under California Welfare and Institutions Code section 15610.30, financial elder abuse happens when someone takes, hides or keeps property belonging to a person 65 or older, or a dependent adult, for a wrongful use, with intent to defraud, or through undue influence. Undue influence means pressure that overcomes a person’s free will.
Warning signs we often see in San Diego families include:
- Large withdrawals or transfers a parent cannot explain
- A caregiver, friend or relative suddenly added to bank accounts or the house title
- Trust or will changes made while a parent was ill, isolated or dependent on the person who benefits
- Missing statements, unpaid bills, or a parent cut off from the rest of the family
A claim can be brought while the elder is alive, or after death by the personal representative or another successor. It generally must be filed within four years of when the abuse was discovered or reasonably should have been. If abuse is proven, the court can award attorney’s fees and costs, and in some cases punitive damages.
If you believe a parent is being exploited right now, report it to San Diego County Adult Protective Services, and call 911 if there is immediate danger.
What Happens In A Probate Or Trust Lawsuit In San Diego?
Probate and trust disputes in San Diego County are heard by the San Diego Superior Court Probate Division. Most cases start with a petition, a written request asking the court to decide a specific issue. Common petitions include:
- A petition under Probate Code section 17200 to compel an accounting, instruct a trustee, or remove a trustee
- A petition under Probate Code section 850 to recover property that belongs in a trust or estate
- A will or trust contest based on lack of capacity, undue influence or fraud
- A petition to surcharge a trustee or executor for losses caused by a breach of fiduciary duty
After a petition is filed, each side exchanges documents and takes testimony in discovery. Many cases settle at mediation or a settlement conference. Those that do not are usually decided by a probate judge rather than a jury.
The Team Behind The Estate Lawyers, APC
At The Estate Lawyers, APC, we are a team of trust and estate litigators who have handled contested probate and trust matters since July 2005. Each attorney has 7 to 10 or more years in trust and estate litigation, and the team carries more than 150 years of combined litigation experience.
Amy L. Gostanian has been a State Bar of California Certified Specialist in estate planning, trust and probate law since 2010. Super Lawyers recognizes our attorneys, and they are listed and rated on AVVO.
Our Probate And Trust Dispute Process For San Diego Families
1. Case review of the will, trust and assets
We read the will, the trust and every amendment, then list what your parent owned, starting with the house. Bring what you have and note any amendment dates.
2. Identify the trustee or personal representative and the filing path
A trustee manages a trust, and a personal representative manages a probate estate. Knowing who is in charge tells us whether the matter stays in trust administration or goes to the San Diego Superior Court Probate Division.
3. Prepare and file the petition or notices
We draft and file the petition or required notices and confirm current local procedures. If a trustee has withheld the trust or an accounting, we request it formally.
4. Handle notices, creditor claims, inventory and appraisal
Heirs and creditors receive notice, and creditors generally have four months after letters issue to file claims. A probate referee values non-cash assets, including the house.
5. Manage accounting, sales and any disputes
An accounting is a full report of money in, money out and assets on hand, and we test every line. Disputes over late amendments, undue influence or a power of attorney are built on evidence and prepared for trial, while settlement stays on the table.
6. Petition for distribution and close the matter
We ask the court to approve final distribution and handle the County Recorder and Assessor filings tied to the house.
Frequently Asked Questions About Probate And Trust Litigation In San Diego
What Is A Trust Beneficiary Entitled To See From The Trustee?
Under California Probate Code section 16060.7, a trustee must give a beneficiary a copy of the trust terms on request. A beneficiary can also request an accounting, a written record of what came in, what went out and what the trust still holds.
Can A Trust Amendment Made Shortly Before Death Be Challenged?
Yes. A late amendment, especially one made during an illness or decline, can point to undue influence, meaning pressure that replaced the trust creator’s own wishes, or to lack of capacity.
If A House Was Never Transferred Into A Trust, Does It Have To Go Through Probate?
Not always. If the trust lists the house or covers all of the trust creator’s real property, a Heggstad petition asks the court to confirm the home belongs to the trust without a full probate.
How Do I Know Whether An Estate In San Diego County Has To Go Through Probate?
Probate is generally required when assets outside a trust exceed California’s small estate limit, which is $208,850 for deaths on or after April 1, 2025.
How Long Does A Probate Or Trust Dispute Usually Take In San Diego Superior Court?
An uncontested probate usually takes about a year, and a contested matter can run longer.
Will An Inherited Home In San Diego County Be Reassessed For Property Taxes Under Proposition 19?
Possibly. Under Proposition 19, an heir who inherits a family home from a parent keeps the lower tax base only if the home becomes the heir’s principal residence within one year, and only up to a value cap.
Helpful Resources In San Diego For Estate Litigation Cases
- San Diego Superior Court, Probate Division
The courthouse division where estate matters, guardianships, and conservatorships are filed and heard.
- San Diego County Assessor/Recorder/Clerk
Maintains official property records, deeds, and recorded documents used to establish asset ownership.
- San Diego County Public Administrator
A county office that administers estates when no qualified personal representative is available.
- San Diego County Public Guardian
Provides conservatorship services for adults who lack capacity and have no suitable private conservator.
- Social Security Administration, San Diego Field Office
Processes survivor benefits and handles benefit termination upon a recipient’s death.
- San Diego County Treasurer-Tax Collector
Collects property taxes and can place liens on real estate within a decedent’s estate for unpaid amounts.
- San Diego Public Library, Genealogy Room
Houses historical records and genealogical materials useful for locating heirs or establishing lineage.
Talk To Our San Diego Probate And Trust Litigation Attorneys
Call us to request a consultation about your parent’s trust or estate.
Reach out soon if assets are being moved or a court deadline is close. Acting early helps protect evidence and the family home. Gather any trust papers you have and write down the date of each amendment.
In your consultation, our trust and estate litigators review the facts, tell you where you stand, and lay out the first moves. Heirs outside San Diego can meet with us by phone or video.