[lc_servicearea_name] [lc_service_name] Attorney
Top Ranked Trust & Probate Lawyers in California
5-Star Client Rating | Read Our Reviews
Our Trust Litigation Case Process
1. Case Evaluation
We begin with a full review of the trust, will, financial records, and family history. Our legal team will identify your rights, deadlines, and the best legal path before anything is filed.
2. Court Filings
The case formally begins when a probate petition or trust lawsuit is filed in California probate court, often in Orange County Superior Court. This step sets the legal issues, brings all parties into the case.
3. Discovery and Settlement
Both sides exchange documents, take depositions, and file motions to address disputes. Many trust and probate cases resolve here through settlement discussions or court ordered mediation.
4. Trial and Resolution
If no agreement is reached, the case proceeds to trial before a probate judge. After a ruling, the court orders distributions, removals of fiduciaries, or financial recovery, and we handle enforcement or appeals if needed.
Begin Your Free Case Evaluation Now
Call to schedule a free and confidential consultation with a trust litigation lawyer.
Other Services Available
Trust Litigation
Areas We Serve
At Max Alavi, Attorney at Law, we have decades of experience in dealing with complex trust litigation matters throughout California. When you hire our legal team, you are bringing on the best and toughest litigators around to aggresively fight on your behalf.
What Our Amazing Clients Have To Say
Why Clients Choose Max Alavi, APC
- Super Lawyers recognition based on peer review
- Extensive experience in California probate law
- Millions recovered in trust and probate litigation
- Strategic handling of trust and estate disputes
- Proven advocacy for surviving spouses and heirs
- Clear guidance through complex probate matters
- Outstanding dedication to every one of our clients
Common Trust & Probate Terms
Below are some common terms and helpful definitions used in Trust and Probate. We are here to help educate our clients.
Click on any of the terms below to understand what they mean.
Trust Litigation vs. Probate Litigation
Trust litigation involves legal disputes related to the administration, interpretation, or validity of a trust. These cases typically happen after a trust becomes irrevocable and often involve trustee misconduct, accounting disputes, or challenges based on undue influence.
Probate litigation happens during the probate process and involves disputes over wills, appointment of personal representatives, creditor claims, or asset distribution. While both are handled in probate court, the governing statutes and procedural rules can differ.
Understanding the differences between trust litigation and probate litigation is very important because deadlines, notice requirements, and available solutions vary significantly between trust and probate cases.
Example:
A beneficiary files a trust petition to remove a trustee for breach of duty, while a sibling files a probate petition contesting a will based on lack of capacity.
What is a Beneficiary?
In California trust and probate law, a beneficiary is a person or entity entitled to receive property, income, or other benefits from a trust or estate. Beneficiaries may be specifically named in a trust or will, or they may inherit under California’s intestate succession laws if no valid estate plan exists.
Once a trust becomes irrevocable, California law grants beneficiaries enforceable rights, including the right to receive notice of trust administration, request information, and demand an accounting. Beneficiaries also have legal standing to file petitions in probate court when they believe a trustee or personal representative has breached fiduciary duties.
Statutory References:
Example:
After the settlor’s death, beneficiaries receive a statutory trust notice and later file a petition to compel a trustee accounting.
What is a Trustee?
A trustee is the individual or entity responsible for administering a trust and managing trust assets in accordance with the trust instrument and California law. Trustees act as fiduciaries and must always place the interests of beneficiaries ahead of their own.
California law imposes strict duties on trustees, including the duty of loyalty, duty of care, duty of impartiality, and duty to keep beneficiaries reasonably informed. Alleged violations of these duties are among the most common causes of trust litigation.
Statutory References:
Example:
A trustee who favors one beneficiary over others may be sued for violating the duty of impartiality.
What is a Fiduciary?
A fiduciary is a person or entity legally obligated to act in the best interests of another. In California trust and probate law, fiduciaries commonly include trustees, executors, administrators, and sometimes agents acting under a power of attorney.
Fiduciaries must act with the highest duty of loyalty, honesty, and care. They are prohibited from self-dealing, conflicts of interest, or using estate or trust property for personal benefit.
Breach of fiduciary duty is one of the most common bases for trust and probate litigation in California.
Statutory References:
Example:
A trustee who loans trust funds to themselves without authorization may be sued for breach of fiduciary duty.
What is Probate?
Probate is the court-supervised process used in California to administer a deceased person’s estate when assets are not held in a trust or transferred by non-probate methods.
The probate court oversees the appointment of a personal representative, payment of debts, resolution of disputes, and final asset distribution.
Probate litigation arises when disagreements occur during administration, including will contests, creditor disputes, and challenges to the personal representative’s conduct.
Statutory References:
Example:
Heirs challenge the validity of a will during probate, delaying distribution of estate assets.
What is Intestate Succession?
An intestate estate occurs in California when a person dies without a valid will or trust that disposes of their probate assets. When this happens, California’s intestate succession laws determine who inherits the decedent’s property and in what proportions, regardless of the decedent’s informal wishes or family expectations.
Intestate estates are administered through probate court, and the court appoints an administrator to manage the estate.
Distribution is strictly controlled by statute, prioritizing spouses, children, and other relatives in a defined order. Intestate estates frequently lead to probate litigation in California when heirs dispute heirship, asset classification, or administrator conduct.
Statutory References:
Example:
A decedent dies without a will, and multiple relatives file competing petitions in probate court to determine heirship and appoint an administrator.
What is Undue Influence?
Undue influence under California law occurs when excessive persuasion overcomes a person’s free will and results in an inequitable outcome, particularly in connection with a will or trust. Courts evaluate factors such as vulnerability, authority, tactics used, and the resulting benefit.
California law also establishes a presumption of undue influence when certain individuals, such as caregivers or fiduciaries, receive disproportionate benefits under estate planning documents.
Statutory References:
Example:
A caregiver who drafts trust amendments and receives most of the estate may trigger a statutory presumption of undue influence.
What is a Trust Notice?
A Trust Notice is a mandatory written notice that must be served when a revocable trust becomes irrevocable, most often after the settlor’s death.
A trust notice informs beneficiaries and heirs of the trust’s existence and their rights.
This notice is legally significant because it triggers the deadline for filing a trust contest. If proper notice is not served, the statute of limitations may be extended.
Statutory Reference:
Example:
A successor trustee sends notice within 60 days, starting the 120-day period to challenge the trust.
What is a Will Contest?
A will contest is a legal challenge filed in California probate court disputing the validity of a will. Grounds include lack of testamentary capacity, undue influence, fraud, duress, or improper execution.
Contesting a Will must comply with strict filing deadlines and procedural requirements, making early legal action critical.
Statutory References:
Example:
An heir contests a will signed shortly before death, alleging lack of mental capacity.
Trustee vs. Executor
A trustee manages and administers assets held in a trust, while an executor (a type of personal representative) administers assets that are subject to probate under a person's will. Although both roles involve fiduciary responsibilities, they operate under different California laws.
Trustees generally act outside of ongoing court supervision unless a dispute occurs, whereas executors operate within the probate court system from the outset.
This distinction often determines whether a dispute is classified as trust litigation or probate litigation.
Example:
A trustee is sued for mismanaging trust investments, while an executor is challenged in probate court for improper estate distributions.
Let's Work Together - Tell Us Your Needs
At Max Alavi, Attorney at Law, APC, we understand the complexities of California probate law and are committed to providing solutions for trust and estate disputes. Contact us today to speak with one of our legal staff.
