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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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Trust Litigation — Klimt-inspired paper craft illustration with golden shield, courthouse, and scales of justice

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