Trust & Probate Litigation
Trust and probate litigation
We represent beneficiaries, trustees, executors and creditors in disputes over California trusts and decedents’ estates — pragmatically, and with an eye on preserving the assets in dispute.
Trust and probate litigation resolves disputes over a decedent’s trust or estate: breach of fiduciary duty, undue influence, contested accountings, trustee or executor removal, and will contests. In California these matters are heard in the probate department of the Superior Court.
Tresp Law, APC represents beneficiaries, fiduciaries, charitable organizations, and any parties with interests in decedents’ estates and trust assets. We employ a pragmatic and results-oriented approach to litigating disputes over decedents’ estates and trusts, with our ultimate focus on resolving disputes while preserving assets.
Whether you are the Trustee of a trust, Executor of a will, beneficiary of a decedent’s estate, or a creditor of a decedent, our experienced and dedicated litigation staff will be your strongest advocates. Principal Attorney Elizabeth Tresp oversees every litigation case. With our team’s extensive mediation and trial experience, you can be assured that Tresp Law, APC will pursue the best results for you and reach the most timely resolution possible for your matter.
If you are in a trust or estate dispute
- Where it is heard
- Probate department, San Diego County Superior Court
- Who can bring a claim
- Beneficiaries, heirs, trustees, executors, creditors and charities
- Common claims
- Breach of fiduciary duty, undue influence, lack of capacity, financial elder abuse, contested accountings
- Deadlines matter
- A trust contest can be barred 120 days after the trustee’s notice under Probate Code §16061.7 — get advice immediately
- Alternative to trial
- Most matters resolve at mediation
We handle every aspect of trust and probate litigation
- Disputes over beneficial interests in trusts and estates;
- Management and administration of trusts;
- Management of family business after the death of a family member;
- Trust disputes;
- Breach of fiduciary duty claims;
- Federal and state tax disputes, such as estate, gift, and generation-skipping transfer taxes;
- Breach of Buy/Sell Agreements & Business and Asset Valuation disputes;
- Undue influence claims;
- Actions taken by agents under powers of attorney;
- Removal and surcharge of fiduciaries;
- Heggstad Petitions (California Probate Code §850 petitions);
- And any other challenges that arise in the area of estate and trust law.
We also advise trustees, executors and other fiduciaries on how to discharge their duties in order to minimize personal liability exposure and reduce the potential for conflicts with beneficiaries and other parties.
Who do you represent — beneficiaries or trustees?
Both. A firm that only ever sues trustees learns one half of the problem. Because we administer trusts as well as litigate them, we can tell a beneficiary whether the conduct they are worried about is actually a breach, and we can tell a trustee where their exposure really is before it becomes a surcharge claim.
Guides from the litigation team
These articles answer the questions that usually precede a consultation. Each is written around a California statute and a San Diego probate-court filing, not a hypothetical.
- How to contest a trust in California — the 120-day clock under Probate Code §16061.8
- Undue influence in a California trust or will
- How to remove a trustee in California
- Trustee breach of fiduciary duty
- Will contest vs. trust contest
- Elder financial abuse and Probate Code §859
- When California no-contest clauses are enforced
- How long to contest a will in California
- When the trustee will not provide an accounting
- Lack of capacity to sign a trust or will
Speak with a trust and probate litigation attorney
Tresp Law, APC is an excellent Trust and Probate Litigation law firm in San Diego County, with offices in Cardiff-by-the-Sea, Mission Brewery Plaza in San Diego, and Kemmerer, Wyoming. Not all lawyers are equal. If you need a proactive, knowledgeable, and effective Litigation lawyer, call us today at (858) 248-2779 or contact us online to schedule a consultation.
Related services
Common questions
Frequently asked
How long do I have to contest a trust in California?
Often only 120 days. Under Probate Code §16061.7, once a trustee serves the statutory notification, a beneficiary or heir generally has 120 days from that service to bring a contest. Other claims have different deadlines. If you have received a notice, speak with an attorney immediately.
What counts as a breach of fiduciary duty by a trustee?
Failing to account, self-dealing, favoring one beneficiary over another, making imprudent investments, failing to keep beneficiaries reasonably informed, or failing to distribute under the trust terms. A trustee who breaches can be removed and personally surcharged.
Can a trustee be removed?
Yes. A court can remove a trustee for breach of trust, hostility that impairs administration, insolvency, or unfitness, and can appoint a successor. Removal is often paired with a claim for surcharge to recover losses the breach caused.
What is undue influence?
Excessive persuasion that overcomes a person’s free will and causes an inequitable result — often a late-in-life amendment favoring a caregiver or one child. California Welfare & Institutions Code §15610.70 sets out the factors courts weigh.
Will my case go to trial?
Most do not. The majority of trust and estate disputes resolve at mediation, which is faster and preserves far more of the estate. We prepare every case as if it will be tried, because that is what produces a good settlement.
This page is general legal information, not legal advice, and does not create an attorney-client relationship. California trust and probate law is fact-specific and deadlines are unforgiving — please speak with a qualified attorney about your own circumstances.
Talk with a San Diego trust & estate attorney
Let’s protect what you’ve built.
Whether you are planning ahead, administering a trust or estate, or facing a dispute, our attorneys will tell you plainly where you stand and what your options are.