At The Estate Lawyers, APC, we handle litigation exclusively, with trust petitions serving as one of our primary practice areas. Our attorneys bring more than 150 years of combined trial experience to every case, representing beneficiaries in San Diego and across Southern California who need strong advocacy in trust disputes.
When trustees fail to provide proper accountings, delay distributions, or mismanage trust assets, beneficiaries often have no choice but to turn to the court for relief. In San Diego, trust petitions frequently address issues such as accountings, trustee removals, and modifications to existing trusts.
Trustees may be compelled to produce complete financial records, reimburse improperly used funds, or, in serious cases, be removed from their role altogether.
What Are Trust Petitions and Why They Matter in San Diego
A trust petition is the legal tool beneficiaries use when a trustee fails to carry out their responsibilities. In San Diego, these petitions are often the only way to hold a trustee accountable and make sure the trust is managed properly.
Beneficiaries may seek court intervention to obtain overdue accountings, force the distribution of assets, clarify confusing or disputed trust language, challenge questionable trustee decisions, or even request the removal of a trustee who has acted improperly.
With San Diego’s senior population expected to exceed 722,000 by 2030, trusts will continue to play a vital role in estate planning and in disputes.
High-value estates in communities such as Rancho Santa Fe have shown how quickly disagreements can escalate when millions are at stake. These cases relay the importance of experienced legal counsel to protect beneficiaries’ rights and preserve family legacies.
Our Trust Petition Services in San Diego
We offer the following trust petition services:
- Filing trust petitions in probate court
- Trustee removal petitions
- Petitions to compel trustee accountings
- Petitions for trust modification or termination
- Petitions to compel trust distributions
- Petitions for instructions to the trustee
- Petitions to surcharge trustees for misconduct
- Petitions to appoint successor trustees
- Petitions involving breach of fiduciary duty
- Petitions to resolve beneficiary disputes
Trusted by Estate Planning Professionals & Families
When Trusts & Estates Face Disputes
Contact UsWhy Work With The Estate Lawyers, APC
Trust petitions are technical, often contested, and require an attorney who knows both the law and the San Diego courts. Families choose The Estate Lawyers, APC because we deliver results and provide clarity during stressful disputes.
- Nearly 20 years serving Southern California, founded in 2005
- Board-approved professionals with more than 150 years of combined trial experience
- Exclusive focus on litigation, no estate planning distractions
- Proven record of trustee removals and successful trust accountings
- Familiar with San Diego Superior Court Probate Division judges and procedures
- Strong ties to local CPAs and financial professionals for forensic trust accountings
- Recognized by Super Lawyers, Martindale-Hubbell, and Avvo
When your trustee refuses to act, we know how to compel compliance, recover assets, or remove them entirely.
How We Handle Trust Petitions in San Diego
At The Estate Lawyers, APC, we dedicate our practice entirely to litigation, which means every trust petition is handled with precision and focus. When beneficiaries in San Diego turn to us, this is the process we follow:
- Case Evaluation. We start by reviewing the trust document, financial records, and trustee conduct. If a trustee refuses to account, we prepare a petition to bring the matter before the court.
- Court Filings. All petitions are filed in the Probate Division of the San Diego Superior Court, typically at the Hall of Justice or the Madge Bradley Courthouse, depending on the case.
- Hearings & Evidence. Judges may order trustees to produce accountings or testify. To strengthen our clients’ cases, we often collaborate with local San Diego CPA firms experienced in forensic trust accounting.
- Resolution or Settlement. Many disputes can be resolved through negotiation before trial. We work to secure settlements that protect the beneficiaries’ rights and allow for fair outcomes.
- Trustee Removal. In cases of fraud, neglect, or mismanagement, we aggressively pursue the removal of the trustee and the appointment of a qualified successor.
What Happens If a Trustee Refuses to Provide an Accounting in San Diego?
In San Diego, trustees are legally required to keep beneficiaries informed about how trust assets are being managed. When a trustee refuses to provide an accounting, beneficiaries have the right to petition the San Diego Superior Court.
If the court determines the trustee has failed in their fiduciary duty, the judge may order the trustee to deliver a detailed accounting of all income, expenses, and distributions. In more serious cases, the court can impose penalties, including requiring the trustee to repay misused funds or covering the beneficiaries’ attorney’s fees.
Repeated refusal or evidence of mismanagement can even lead to the removal of the trustee and appointment of a replacement. This is particularly important in high-value trusts, such as those involving properties in Del Mar, where millions of dollars in assets may be at risk.
Working with an experienced trust litigation attorney in San Diego confirms that beneficiaries can enforce their rights and hold trustees accountable when transparency is withheld.
Local San Diego Resources We Work With
Trust petition disputes in San Diego often involve coordination with:
- San Diego Superior Court, Probate Division – Hall of Justice & Madge Bradley Courthouse
- San Diego Regional Chamber of Commerce – promoting fiduciary responsibility in business
- Local CPA firms – trust accountings for petitions and hearings
- UC San Diego Health and Scripps Health – tied to conservatorships and elder care trusts
- Adult Protective Services, San Diego County – first line of reporting fiduciary elder abuse
Protect Your Legacy Today
If a trustee in San Diego has failed to provide an accounting, refused distributions, or misused trust assets, a trust petition may be the only way to protect your rights.
Call us or contact us online to schedule a confidential consultation at our San Diego office.
The Estate Lawyers, APC: Here to fight, here to guide, here for you.