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Trust Litigation Attorney in San Diego

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At The Estate Lawyers, APC, we represent San Diego families in trust contests involving undue influence, questions of capacity, trustee misconduct, accounting challenges, and enforcement of no-contest clauses. When a trust is altered unfairly or a trustee abuses their role, our litigators act decisively to protect your interests.

We stand beside you at every stage of the process, whether negotiating through mediation at the Hall of Justice downtown or taking your case before probate judges at the Central Courthouse on Union Street.

Clients often tell us our unique strength lies in combining sharp courtroom advocacy with genuine compassion. It’s that balance of relentless litigation skill and empathy that makes a difference when families are under stress.

We are also proud to be part of the San Diego community. From senior advocacy programs near Balboa Park to outreach at the San Diego Civic Center and support for local neighborhood initiatives, our firm invests in the same communities we serve. We fight hard for families in court, and we stand with them outside of it, too.

Understanding Trust Contests in San Diego

A trust contest is the legal process of challenging either the validity of a trust itself or the way a trustee is carrying out its terms. Families in San Diego often face these disputes when:

  • There are signs of undue influence over a vulnerable loved one
  • A decedent’s mental capacity at the time of signing is in question
  • A trustee fails in their fiduciary duty, such as mismanaging or misusing assets

Under California law, deadlines for filing a trust contest are strict. Generally, beneficiaries have 120 days from the time notice is given, or 60 days if a copy of the trust is provided during that window. Missing the filing period almost always means losing the right to challenge.

Trust contests are often high-emotion disputes that determine:

  • Whether inheritances will be preserved
  • Whether an elder’s final wishes are respected
  • Whether trustees are held responsible for their actions

San Diego, like the rest of California, has seen major trust disputes where allegations of undue influence and trustee abuse led to multi-million-dollar judgments. These cases show how seriously courts treat breaches of trust and why having an experienced trust litigation attorney on your side is essential.

Our Trust Contest Services in San Diego

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Why San Diego Families Choose The Estate Lawyers, APC

When it comes to trust contests in San Diego, families rely on The Estate Lawyers, APC for a unique blend of legal strength and personal compassion. Here’s what sets us apart:

Dedicated to Trust and Estate Litigation
We don’t split our attention between different practice areas. Our attorneys focus exclusively on probate, trust, and estate disputes. Every case is personally handled by seasoned trial lawyers, not passed off to junior associates, so you always have experienced advocates in your corner.

Decades of Courtroom Success
With more than 150 years of combined experience, our team has argued before San Diego Superior Court judges and probate examiners countless times. We know the rules, the local procedures, and the strategies that lead to favorable outcomes.

Compassionate Representation
We understand that trust contests are family conflicts tied to grief, dignity, and legacy. Our attorneys approach each case with empathy while fighting relentlessly to protect your interests.

Client-Focused Advocacy
We believe communication and strategy go hand-in-hand. From discovery through trial, we keep you informed, explain your options clearly, and use innovative approaches to resolve disputes as efficiently as possible.

Committed to San Diego
Beyond the courtroom, our firm is deeply invested in the San Diego community. From supporting elder advocacy initiatives near Balboa Park to participating in outreach at the San Diego Civic Center, we are proud to serve as both legal representatives and community partners.

When Can You Challenge a Trust in San Diego?

In San Diego, a trust can be challenged when there is a valid legal reason to question its creation or administration. Common grounds include:

  • Undue influence: When someone pressures or manipulates a vulnerable person into changing their trust.
  • Lack of capacity: If the person creating the trust did not have the mental ability to understand their decisions.
  • Fraud or forgery: When a trust is altered or signed under false pretenses.
  • Trustee misconduct: If the trustee is mismanaging assets, breaching fiduciary duties, or acting dishonestly.

Because San Diego Superior Court enforces these rules strictly, acting quickly and working with an experienced trust litigation attorney is essential to protecting your rights.

Our Trust Contest Process in San Diego

At The Estate Lawyers, APC, we understand that trust contests demand swift action and clear strategy. Our process is designed to protect your rights and move your case forward efficiently:

  • Initial Assessment & Deadlines: We carefully review the trust and identify critical filing deadlines under California law. Acting quickly preserves your ability to contest.
  • Building the Case: Our team collects medical records, financial documentation, and testimony to uncover evidence of undue influence, incapacity, or trustee misconduct.
  • Court Filings: We prepare and file all necessary pleadings with the San Diego Superior Court Probate Division, making sure every requirement is met.
  • Settlement Efforts: Many disputes can be resolved through mediation. We work with respected local mediators to pursue fair and timely resolutions whenever possible.
  • Trial Advocacy: If settlement isn’t possible, our litigators are fully prepared to take your case before judges at the Central Courthouse on Union Street or other San Diego probate venues.

From start to finish, our clients have the confidence of knowing they are backed by experienced trial lawyers who guide, fight, and stand with them at every stage.

Local Resources We Work With

  • San Diego Superior Court – Central Courthouse (Probate Division): Main courthouse for probate and trust litigation, located on Union Street downtown
  • Madge Bradley Courthouse: Handles probate and family-related matters in central San Diego
  • Probate Court eFiling Portal: Used for filing petitions, responses, and supporting documents electronically
  • Local Mediators and ADR Providers: San Diego–based professionals offering alternative dispute resolution for probate cases
  • UC San Diego Health/Scripps Health/Sharp Health: Medical centers often involved for capacity evaluations and medical testimony
  • San Diego County Bar Association – Probate Section: Professional resource for probate procedure and local attorney collaboration
  • San Diego Civic Center / Community Legal Programs: Outreach and elder advocacy initiatives serving local residents
  • San Diego International Airport (SAN): Accessible hub for out-of-town heirs, beneficiaries, or witnesses

Take the Next Step With Us

If you are facing a trust contest in San Diego, the clock may already be ticking on your ability to act. 

At The Estate Lawyers, APC, we are professionals with more than 150 years of combined trial experience, and trusted by families across Southern California since 2005.

Call us today or reach out through our online form to schedule a confidential consultation. Our San Diego office is conveniently located at 4350 Executive Drive, Suite 310, San Diego, CA 92121, near University Towne Center and just minutes from the Central Courthouse.

The Estate Lawyers, APC: Here to Guide, Here to Fight, Here for You.\

Client Success Stories

Craig Robinson

a year ago

Amy, Michelle and their team are the best of the best. When it comes their field, they are the most qualified, diligent, responsive, empathetic as it gets for a law firm. I would not hesitate to send a family member or any person needing their services, and I could not be more confident in their team!

ICECHIPS5000

a year ago

I don’t trust 90 percent of attorneys forever. I trust Ryan. My issue has been going on for nine years. I finally have traction and intend to prevail. After a court action in the New Year I will hire Ryan for the new actions.

Kady Kley

a week ago

Brittany Guest is the best litigation paralegal in the business! I have had the pleasure of working with her on many cases. She is willing to bend over backwards for her firm and their clients!

Karsyn Construction

a week ago

I had the pleasure of working with Brittney Guest as she helped guide me through my unique and complicated situation. She was extremely thorough and was very quick to respond. I would highly recommend her.

ben ogo

5 months ago

One of the best decisions I made when it comes to my estate portfolio was hiring The Estate Law. The did an amazing and outstanding job, I am still amazed at the results and outcome of their diligence and outstanding deal! Great Job Amy and Michelle, I really appreciate your hardwork and effort!

Brian Robinson

3 months ago

When things aren’t going well, these are the people to turn to. Very strong litigators, and solid advocates for your estate and or probate matter controversies.

Sergio Men

2 years ago

Amy and her team are excellent. They formed the Special needs trust form my daughter and helped us with the administration of it during my daughter’s life. The law firm who we were dealing with the claim of the accident and who we are very grateful with, because of their humbleness and experience in accidents, they did what others firms didn’t even consider trying. After the accident case was settled, we needed a trust to receive the funds on behalf of my daughter and they try to set it up, but after a few hearing with the courthouse they just said, go see Amy, We did, and oh my goodness, they were able to set and get it approved in just one hearing. This is amazing for what I saw in the court room. Some cases NOT HANDLED by Amy, that I was able to hear during the several times we were in the court room with the accident attorney, some cases were already into 2 years and not resolved. When Amy took our case in her hands. Her staff was so professional that in the first try, the trust was approved by the court. In addition, they were very caring and supportive to us during the time of our relationship as client and attorney, and even though our relationship has ended after the passing of our daughter, I know that if in any case I need someone who I can fully trust blindly this is Amy and her team. If you are looking for fast, reliable and a accurate results look no more, Amy and associates is who you are looking for.

Sincerely

Sergio Mendoza

Janet Taylor

2 years ago

I am writing to commend Lauren for the excellent customer service she provided to me. The self-initiative she showed and the prompt, considerate follow-up communications through-out the process were greatly appreciated. She represents an asset to your team and deserves recognition for her professionalism.

Daniel Rodriguez

10 months ago

This is a firm with top-notch litigators. I have personally met Amy Gostanian and Michelle Bartolic. Amy and Michelle are some of the best legal minds I have worked with. Aside from being excellent attorneys, Amy and Michelle are some of the most caring and compassionate people you will meet.

Kylee Modoc

5 years ago

Joe Patton has been a terrific estate planning resource. He’s very knowledgeable and well-versed. He’s a higher-end attorney but he helped us understand the complexities of setting up a revocable trust and took the time to answer all of our questions candidly (and make suggestions surrounding those hypothetical circumstances). My husband and I feel very fortunate to know him and to know now that our affairs are in order should the unthinkable occur. We’d both highly recommend his counsel as we know him to be very hard-working and honest. He’s a good guy!

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Trusted by Estate Planning Professionals & Families
When Trusts & Estates Face Disputes

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