Trust & Trustee Defense
Trust Litigation
We defend trusts and trustees against claims and litigation in Orange County. From trust contests to surcharge defense, our trial-tested team has spent over 20 years protecting trustees facing legal challenges.
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When a trustee faces litigation, the stakes are personal.
Trustees face potential personal liability, removal, and surcharge claims when beneficiaries or creditors file lawsuits. The emotional and financial toll can be devastating — especially for family members who accepted the role out of love, not legal expertise.
Our trial-tested team understands the nuances of California trust litigation. We provide strategic defense that anticipates issues and protects your interests — from initial demand letters to complex multi-party trials in Orange County Probate Court.
Our Trust Defense Services
Comprehensive protection for trusts and trustees
Trust Contest Defense
When beneficiaries or third parties challenge the validity of a trust instrument, we defend the trust and its administration. We counter claims of undue influence, lack of capacity, fraud, and improper execution.
- Defeat validity challenges
- Counter undue influence claims
- Defend against fraud allegations
- Protect trust amendments
- Establish settlor capacity
Removal & Surcharge Defense
Trustees face personal liability when beneficiaries petition for removal or surcharge. We defend against these claims, protecting both the trustee's position and personal assets.
- Defeat removal petitions
- Defend surcharge claims
- Protect against personal liability
- Counter breach allegations
- Establish proper administration
Court Instructions & Approvals
California Probate Code §17200 allows trustees to petition the court for instructions on critical decisions. We secure advance approval to shield trustees from future challenges.
- Petition for court instructions
- Obtain advance approval
- Resolve interpretation disputes
- Protect decision-making authority
- Shield from future liability
Accounting Objection Defense
When beneficiaries challenge a trustee's financial administration, we defend the accounting and justify the trustee's investment decisions, distributions, and compensation.
- Defend accounting objections
- Justify investment decisions
- Explain transaction history
- Counter compensation challenges
- Establish proper record-keeping
Getting Started
Strategic Case Assessment
Our comprehensive assessment provides clarity on your legal position, defense strategy, and path forward. You receive a detailed document review, a strategic defense conference, and a written assessment report with recommended next steps.
Document Review
Trust/will analysis, claims review, accounting examination
Strategy Conference
Two-hour session covering liability assessment and defense options
Written Report
Detailed legal analysis, risk evaluation, and action plan
Expert Guidance
Case strengths, settlement considerations, and cost-benefit analysis
Related Insights
Trust litigation articles
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