At The Estate Lawyers, APC, we focus on helping families, heirs, and beneficiaries handle conflicts that arise when fiduciaries fail to uphold their responsibilities. Backed by more than 150 years of combined litigation experience, our team is equipped to challenge trustees, executors, and other fiduciaries who breach their obligations.
Fiduciaries are bound by law to act with honesty and prudence. When those obligations are ignored, the fallout can be severe, ranging from depleted estates to irreparable financial losses. In Irvine and across California, reports show that one in five seniors faces financial exploitation, with most cases never reaching the courtroom.
These disputes carry significant financial consequences and deep emotional strain. That’s why having seasoned trial attorneys on your side is critical. Our firm delivers clear strategies and courtroom-tested advocacy to defend your interests, seek recovery, and hold fiduciaries accountable.
What Is Breach of Fiduciary Duty and Why It Matters in San Diego
A fiduciary, such as a trustee, executor, conservator, or corporate officer, must act in the best interest of the people they serve. When they mismanage assets, self-deal, or fail to communicate with beneficiaries, it can destroy families and their assets. In high-value areas like Rancho Santa Fe, a single breach can involve millions in trust property.
California law allows beneficiaries to demand accountability, recover losses, and remove fiduciaries who fail in their duties. With San Diego’s senior population projected to reach 722,000 by 2030, breaches of trust and elder exploitation are only becoming more frequent, making early, aggressive legal action essential.
Our Breach of Fiduciary Services in San Diego
We focus on litigation involving:
- 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 Work With The Estate Lawyers, APC
Fiduciary disputes are at the core of our practice. Families across San Diego County trust The Estate Lawyers, APC because we pair trial-tested strength with an understanding of the local courts and community.
- Nearly Two Decades of Service: Since 2005, we’ve represented clients from communities across San Diego, including La Jolla, Del Mar, and Rancho Bernardo, as well as families throughout Southern California.
- Extensive Courtroom Experience: With over 150 years of combined trial practice, our attorneys are well-versed in the intricacies of fiduciary and probate disputes in San Diego courts.
- Hands-On Representation: Every case is managed directly by an experienced litigator, never handed off to junior associates.
- Established Local Relationships: We regularly appear before the San Diego Superior Court in downtown San Diego, where probate and trust matters are decided, and we understand the expectations of local judges.
- Compassionate Advocacy: Whether handling a trust dispute in Point Loma, addressing estate concerns for families in Carmel Valley, or guiding heirs connected with San Diego State University, we approach every matter with diligence and care.
From the coastal communities of San Diego to the inland neighborhoods, our mission remains the same: to protect your family, protect assets, and make sure fiduciaries are held accountable under the law.
Our Breach of Fiduciary Duty Litigation Process in San Diego
At The Estate Lawyers, APC, we focus only on litigation. Since 2005, we’ve guided San Diego families through fiduciary breach cases in probate and superior courts.
Case evaluation
We review trust and estate documents, financial records, and witness statements to identify misconduct and build a clear plan.
Filing in court
Most cases are filed in the Probate Division of the San Diego Superior Court at the Hall of Justice. We act quickly to file petitions, seek injunctions, and freeze assets when needed.
Discovery and evidence
We pursue bank statements, emails, and witness testimony. Our team regularly works with institutions across downtown San Diego and consults with professionals at UC San Diego and Scripps Health when conservatorship issues overlap.
Settlement efforts
If a fair settlement is possible, we secure terms that protect assets and beneficiaries. Our readiness for trial often compels the other side to resolve disputes early.
Trial and remedies
When trial is necessary, we push for trustee removal, restitution, and damages. Our goal is to hold fiduciaries accountable and protect families from further harm.
Understanding Removal of a Fiduciary
In San Diego, trustees, executors, and other fiduciaries are held to some of the highest standards under California law. When a fiduciary fails in these obligations, the San Diego Superior Court has the authority to step in and remove them.
Courts may order removal for many reasons, including:
- Self-dealing or putting personal gain ahead of beneficiaries
- Mismanagement of trust or estate assets
- Failure to provide proper accountings
- Breaches of loyalty or honesty
- Neglecting duties such as timely distribution of assets
- Evidence of elder financial abuse
Each of these actions undermines the trust placed in a fiduciary and can cause lasting harm to families and estates.
At The Estate Lawyers, APC, we help clients throughout San Diego gather the evidence they need, file persuasive petitions, and present strong arguments before the probate court.
Whether the dispute involves estates in La Jolla or trusts in Del Mar, our seasoned trial attorneys are committed to protecting your rights and making sure unfit fiduciaries are held accountable.
Local Resources We Work With in San Diego
Fiduciary disputes in San Diego often involve collaboration with trusted institutions and local agencies:
- San Diego Superior Court, Probate Division: Hall of Justice, downtown San Diego
- Madge Bradley Courthouse: probate and family matters
- Adult Protective Services (San Diego County): first responder for fiduciary elder abuse reports
- UC San Diego Health and Scripps Health: frequently connected to conservatorship and elder care cases
- San Diego Regional Chamber of Commerce: promoting fiduciary accountability in local businesses and associations
Protect Your Legacy Today
If you believe a fiduciary has abused their position, the time to act is now. The sooner you act, the stronger your case.
Call or contact us online to schedule a confidential consultation.
The Estate Lawyers, APC: Here to guide, here to fight, here for you.