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Trust Litigation Attorney in San Diego

San Diego waterfront city skyline view, where trust petition cases are common

At The Estate Lawyers, APC, we have been representing San Diego families since 2005, protecting rightful inheritances, holding trustees accountable, and defending the vulnerable. Our trust litigation team brings over 150 years of combined courtroom experience to cases in the San Diego Superior Court.

San Diego’s estates, particularly in La Jolla, Rancho Santa Fe, and Del Mar, often involve complicated trusts, multiple beneficiaries, and cross-jurisdictional issues. 

If your matter involves breach of fiduciary duty, contested amendments, or elder financial abuse, we deliver relentless advocacy with the compassion your family deserves.

Understanding Trust Litigation in San Diego

Trust litigation is the process of resolving legal conflicts over how a trust is managed, distributed, or interpreted. In San Diego, these disputes often emerge when beneficiaries, trustees, or other parties challenge the trust’s validity, its administration, or specific amendments. 

Common issues include claims of undue influence, breach of fiduciary duty, asset mismanagement, or disputes over trust language.

San Diego trust cases are typically heard in the San Diego Superior Court – Probate Division, and may involve estates tied to high-value properties in areas such as Point Loma. These disputes can be especially complicated due to the region’s significant real estate values and diverse asset portfolios.

At The Estate Lawyers, APC, we understand the nuances of California Probate Code and the local landscape. Our approach combines assertive courtroom advocacy with strategic negotiation to protect your rights and protect family wealth.

Types of Trust Litigation Cases We Handle in San Diego 

We represent beneficiaries, trustees, and interested parties in cases such as:

  • Breach of fiduciary duty
  • Trustee removal
  • Trustee replacement
  • Contested trust amendments
  • Contested trust restatements
  • Undue influence claims
  • Lack of capacity claims
  • Accounting disputes
  • Demand for trust accountings
  • Asset mismanagement
  • Asset misappropriation
  • Trust interpretation disputes
  • Trust construction disputes
  • Petitions to compel trustee action
  • Petitions to compel trust distribution
  • Challenges to trust validity

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Why Choose Us for Your Trust Dispute in San Diego

Choosing the right attorney can mean the difference between securing your inheritance and losing it. We’re not general practitioners dabbling in estate law, litigation is our focus. Families and professionals turn to us for:

  • Board Approved Lawyer in trust & probate Law
  • Proven Track Record in complicated, high-value disputes
  • Compassionate Yet Fierce Advocacy tailored to family dynamics
  • Local Insight into San Diego Probate Division procedures and related entities such as the San Diego County Recorder’s Office, Scripps Mercy Hospital, and UC San Diego Health

As one client shared:

“The communication and expertise from her office is top notch. They answered all my questions and explained different scenarios in easy-to-understand language.” — Patricia Patti

Our strong ties to local resources help us efficiently gather records and evidence from San Diego’s key hubs. Including legal centers near Broadway and Columbia Street, major business districts such as Mission Valley, and prominent commercial landmarks like Westfield UTC and the San Diego Convention Center.

How Long Does Trust Litigation Take in San Diego?

Most trust litigation cases in San Diego take 6 to 18 months to resolve, though highly contested matters can extend well beyond two years. Timelines are influenced by:

  • Case intricacy: Multiple beneficiaries, contested amendments, or international assets.
  • Court calendar congestion: The Probate Division’s docket in the downtown Hall of Justice can be booked months in advance.
  • Settlement vs. trial: Negotiated resolutions are typically faster than a full evidentiary hearing.

Our firm uses personalized case management to track deadlines, process filings, and coordinate discovery, helping to minimize avoidable delays while still preparing every case for trial.

What Are My Rights as a Trust Beneficiary in San Diego?

Under California Probate Code §§16000–16015, beneficiaries have the right to:

  • Receive full and accurate accountings of trust assets and transactions.
  • Enforce trust terms as written by the settlor.
  • Challenge trustee actions that breach fiduciary duty.
  • Seek the removal of a trustee for misconduct or incompetence.

In San Diego, we frequently obtain court-ordered accountings for beneficiaries left in the dark and pursue legal remedies when trustees fail to manage assets properly, particularly in high-value trusts tied to coastal and luxury real estate.

Our San Diego Trust Litigation Process

We take a structured, evidence-driven approach:

  1. Consultation & Assessment: Review facts, documents, and legal timelines.
  2. Evidence Gathering: Subpoenas, forensic accounting, and witness interviews.
  3. Strategy & Negotiation: Seek favorable settlements without compromising strength.
  4. Trial Advocacy: Aggressive representation in San Diego Superior Court – Probate Division.
  5. Resolution & Enforcement: Confirm that judgments or settlements are fully carried out.

Speak with a San Diego Trust Litigation Attorney Today

Trust disputes can escalate quickly, the sooner you act, the stronger your position will be. Our trust and probate litigation team is here to protect your rights, preserve your inheritance, and achieve the resolution you deserve.

Schedule Your Consultation today!

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

Contact Us

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