Executive Summary Introduction Estate and trust litigation involves issues such as disputes surrounding trust distributions, contests concerning the validity of a trust, or concerns [...]
Executive Summary Introduction Estate and trust litigation involves issues such as disputes surrounding trust distributions, contests concerning the validity of a trust, or concerns […]
Do you believe you may have been named in a trust and are wondering how to find out if a trust exists in California [...]
Do you believe you may have been named in a trust and are wondering how to find out if a trust exists in California […]
When dealing with a trustee who won’t do their job, compelling them via court order has been the traditional route for recourse. But even [...]
When dealing with a trustee who won’t do their job, compelling them via court order has been the traditional route for recourse. But even […]
If you have a valid legal claim against a deceased person, you may still be able to receive compensation by filing a lawsuit against [...]
If you have a valid legal claim against a deceased person, you may still be able to receive compensation by filing a lawsuit against […]
A trustee is a fiduciary, which means that they have a legal duty to act in the best interests of the trust’s beneficiaries. A [...]
A trustee is a fiduciary, which means that they have a legal duty to act in the best interests of the trust’s beneficiaries. A […]
If you believe your inheritance has been stolen, the first step is to contact an experienced probate litigation attorney. They can help you understand [...]
If you believe your inheritance has been stolen, the first step is to contact an experienced probate litigation attorney. They can help you understand […]
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Trust litigation is the process of resolving trust disputes involving a trust’s creation, administration, or distribution of assets. Common issues include breach of fiduciary duty, failure to provide a trust accounting, self-dealing, undue influence, lack of capacity, ambiguous terms, and disagreements among beneficiaries about distributions and beneficiary rights. Many disputes can be resolved without filing in court through negotiation, mediation, or nonjudicial settlement agreements, and some trusts permit arbitration. When informal resolution is not possible or when you need subpoenas, injunctive relief to freeze assets, trustee removal, surcharge to recover losses, or court orders compelling accountings or distributions, a probate court case may be filed. A trust litigation attorney protects beneficiaries, enforces the grantor’s intent, and ensures administration complies with state probate and trust law and the trust instrument.
Because trusts can involve complex legal and financial issues, litigation in this area can become highly technical and emotionally charged. A trust litigation attorney plays a key role in protecting beneficiaries’ rights, holding trustees accountable, and seeking remedies when the trust has been mismanaged. Ultimately, trust litigation helps ensure that the trust is administered fairly, transparently, and in compliance with both state law and the trust document itself.
Answers to common questions about trust litigation, helping you better understand your rights and the legal processes involved in protecting your interests.
Common trust disputes typically fall into a few buckets, and understanding them helps beneficiaries and trustees spot problems early and choose the right path to resolution.
Trustee conduct & fiduciary duty: self-dealing, conflicts of interest, imprudent investments, failure to follow the trust, excessive fees or expenses.
Information & accounting: missing or late accountings, petitions to compel an accounting, objections to inaccurate schedules, failure to keep beneficiaries informed.
Distributions & beneficiary rights: delayed or refused distributions, unequal or discretionary payouts, enforcement of mandatory provisions.
Validity & capacity: undue influence, lack of capacity, fraud or duress, improper execution or notarization, last-minute amendments or restatements, no-contest clause issues.
Interpretation & administration: ambiguous terms, scope of trustee discretion, principal vs. income allocations, trustee compensation standards.
Removal & remedies: suspension or removal of a trustee, appointment of a successor, surcharge or fee shifting (where allowed), injunctive relief to prevent harm.
Asset recovery & protective relief: tracing and reclaiming misapplied assets, constructive trust or turnover orders to third parties, elder financial-abuse protections.
Creditor matters: creditor claims against the trust, scope of spendthrift protections.
Many of these disputes can be resolved informally through information requests, negotiation, mediation, or a nonjudicial settlement agreement. When enforceable orders are needed, a trust litigation attorney can file in probate court to compel accountings or distributions, secure injunctive relief, remove or surcharge a trustee, and protect beneficiary rights while advancing the grantor’s intent.
Trust litigation timeframes vary widely. The duration depends on the complexity of the issues, the number of parties and counsel involved, the court’s calendar, and whether the dispute resolves informally or proceeds through discovery and trial. Straightforward matters, such as a petition to compel a trust accounting with limited objections, can resolve in a few months. Contested cases that involve allegations of undue influence, lack of capacity, self-dealing, or complex asset tracing can run 12 to 24 months or longer, especially if there are multiple motions or an appeal.
A trustee’s fiduciary duty is the legal obligation of the trustee or trusees to act in the best interests of the beneficiaries. Core duties include the duty of loyalty, the duty of prudence, the duty to follow the trust, the duty of impartiality, the duty to inform and account, and the duty to segregate and safeguard assets. In practice this means managing and investing trust assets prudently, avoiding conflicts of interest and self dealing, following the trust instrument, keeping beneficiaries reasonably informed, and providing timely, accurate trust accountings.
Probate litigation arises when a person has died and the estate is being handled through the probate court. This happens when there is a will that must be admitted to probate or when there is no estate plan and assets pass by intestacy under state law. Typical disputes include will contests based on undue influence or lack of capacity, objections to the executor’s accounting, removal of a personal representative, heirship and spousal claims, and creditor claims.
Trust litigation concerns disputes involving a trust while the settlor is living or after death. It focuses on the trustee and the trust’s creation, administration, and distributions. Common issues include breach of fiduciary duty, failure to account, delayed or improper distributions, trustee removal and surcharge, interpretation of ambiguous provisions, and challenges to trust amendments for undue influence or lack of capacity.
You have “grounds” when you have a recognized legal basis under trust and probate law and facts or evidence that support it. Common legal bases include breach of fiduciary duty, failure to inform or account, improper or delayed distributions, self dealing or conflicts of interest, undue influence, lack of capacity, fraud or duress, and mistakes that require the court to interpret, reform, or enforce the trust.
People or entities with a direct, legally protected interest usually have standing. This often includes current beneficiaries, remainder or contingent beneficiaries, trustees and successor trustees seeking instructions or enforcement, co trustees challenging a breaching co trustee, personal representatives of a deceased beneficiary, guardians or conservators for an incapacitated beneficiary or settlor, court appointed guardians ad litem for minors or unknown beneficiaries, settlors of a revocable trust while living, and the Attorney General for charitable trusts. Creditors may have limited rights depending on spendthrift and creditor law. If your interest is too remote, a court may find you lack standing even if you have concerns.
First things first, a trust litigation attorney can review your situation and help you understand where your case has merit and where it does not. Whether representing a trustee or a beneficiary, the attorney will then recommend the best path forward, from informal resolution or mediation to filing in probate court for enforceable relief.
Choose counsel with substantial experience in trust and probate disputes, including breach of fiduciary duty, accountings, trustee removal, surcharge, undue influence, capacity challenges, and distribution disputes, and who knows the local probate court’s judges and procedures. Look for strong litigation skills paired with a practical settlement approach, clear communication about options, risks, timelines, and costs, and a transparent fee structure. The right attorney has access to resources such as forensic accountants and medical experts, provides regular updates, gives candid assessments of both strengths and weaknesses, and is willing and prepared to take the case to trial if necessary. Fit matters too: you want someone who prioritizes your interests, advocates firmly when needed, and treats all parties professionally while moving the matter toward efficient, enforceable results.
A member of the RMO Client Relations team will reach out to gather additional information concerning the parties to your case and schedule your consultation.
Please note that communications by you to RMO LLP or any of its lawyers through this website do not create an attorney-client relationship between you and the firm. Do not send any privileged or confidential information to the firm through this website or otherwise until instructed in writing from us to do so.
