Aggressive Fiduciary Advocacy at Stanley Mosk & Anacapa Courthouses
When trust disputes threaten your inheritance, you need aggressive advocacy. We represent beneficiaries and trustees in complex litigation at the Stanley Mosk Courthouse in Los Angeles and the Anacapa Division in Santa Barbara. From trustee removal to breach of fiduciary duty, we protect your legacy.
Schedule Free Consultation (818) 291-6217Trust litigation requires courthouse-specific expertise. We have extensive experience before the two major probate courts serving our clients:
111 N. Hill Street, Los Angeles
1100 Anacapa Street, Santa Barbara
Venue matters. Cases are filed where the trust is administered or where the trustee resides. We handle cases in both jurisdictions and understand the strategic implications of venue selection.
Trust litigation becomes necessary when there are disputes about how a trust should be interpreted, administered, or distributed. We understand that these disputes often arise during already difficult times—typically after the loss of a loved one when emotions are high and family relationships are strained.
You may need a trust litigation lawyer when you suspect or have evidence of trustee misconduct, breach of fiduciary duty, or when you believe a trust was created under undue influence or when the trustor lacked mental capacity. Trust disputes can also arise when trustees fail to provide accountings, make improper distributions, self-deal with trust assets, or simply refuse to communicate with beneficiaries.
Common situations that require the intervention of a trust litigation lawyer include:
California law provides significant protections for trust beneficiaries, and as your trust dispute attorney, I work to ensure those rights are fully enforced. The sooner you act, the better—delay can result in dissipated assets, destroyed evidence, or missed statute of limitations deadlines.
We represent both beneficiaries seeking accountability AND trustees defending against unfounded claims:
Grounds for removal include: breach of trust, failure to account, conflicts of interest, incapacity, excessive fees, and hostility toward beneficiaries.
When a trustee fails to provide a formal accounting, it is the most common ground for removal under Probate Code 15642.
Trustees owe beneficiaries duties of loyalty, impartiality, prudent investment, and accounting. Breach can result in personal liability and surcharge.
Common breaches: self-dealing, failure to diversify, co-mingling funds, failure to communicate.
Challenging trust validity based on: lack of capacity, undue influence, fraud, forgery, or improper execution.
120-day deadline to contest after receiving Prob. Code § 16061.7 notice. Don't wait.
Beneficiaries have a right to accountings under Prob. Code § 16062. If the trustee refuses, we file a petition to compel.
An accounting is often the first step in discovering hidden misconduct.
When a trustee causes financial harm through misconduct, we seek "surcharge"—personal liability to repay the trust from the trustee's own assets.
Surcharge can include lost profits, wasted assets, and attorney fees.
When trust abuse targets elderly or dependent adults, enhanced remedies apply: attorney fees, double damages, and potential criminal prosecution.
We coordinate civil claims with Adult Protective Services referrals when appropriate.
Under California Probate Code § 16061.7, the trustee must notify beneficiaries and heirs when a trust becomes irrevocable (usually at death). You have 120 days from receipt of this notice to file a trust contest.
If you received a trust notification and have concerns about the trust's validity, contact us IMMEDIATELY. The 120-day clock is running. We offer expedited consultations for deadline-sensitive matters.
Before committing to expensive litigation, we evaluate whether alternative remedies might resolve your issue faster and more cost-effectively:
We assess every case to determine the most strategic approach. Litigation is powerful but not always necessary.
When you hire our firm as your trust litigation lawyer, you get comprehensive legal representation from initial consultation through final resolution. We handle all aspects of trust litigation, whether your case settles through negotiation, mediation, or requires trial before the Stanley Mosk or Anacapa Division courthouses.
Trust litigation isn't one-sided. We represent both beneficiaries seeking accountability AND trustees defending against claims:
You have rights. We enforce them.
Good-faith trustees deserve defense. We provide it.
Before filing a petition, we often review the Successor Trustee's duties to identify specific legal breaches or confirm compliance.
California's Probate Code provides the framework for trust disputes. Key sections we frequently litigate:
| Code Section | Subject | Application |
|---|---|---|
| § 15642 | Trustee Removal | Grounds and procedures for removing a trustee |
| § 16061.7 | Trust Notification | Required notice to beneficiaries; triggers 120-day contest period |
| § 16062 | Duty to Account | Beneficiaries' right to annual and final accountings |
| § 16440-16465 | Breach of Trust | Liability for breach; remedies including surcharge |
| § 17200 | Court Proceedings | Procedures for petitions concerning trusts |
| § 850 | Conveyance of Property | Recover property that belongs to trust (Heggstad) |
Why This Matters: Knowing the correct code sections, filing requirements, and procedural rules can make the difference between winning and losing. We bring deep statutory expertise to every case.
Depending on the nature of your case, various remedies may be available:
Trust litigation moves faster than general civil litigation because probate courts have specialized procedures:
Review trust documents, gather evidence, assess strength of claims/defenses, determine strategy.
Draft and file petition with the court. Serve all interested parties. Request any emergency relief if needed.
Opposing parties respond. Exchange documents, interrogatories, depositions. Identify key disputes.
Many courts require mediation before trial. Often resolves 60-70% of cases.
If not settled, bench trial before probate judge. Probate trials are typically 1-5 days. Decision may be immediate or within 90 days.
Emergency Matters: Some situations require immediate court intervention—trustee dissipating assets, threatened property sale, denied access to records. We file ex parte applications when urgency demands.
Trust litigation is typically billed hourly, with costs depending on case complexity. Simple petitions may cost $5,000-$15,000. Complex contested matters can range from $25,000-$100,000+. Many cases settle before trial, reducing costs. We provide detailed fee estimates after initial case evaluation and can discuss fee structures including contingency arrangements in appropriate cases.
Sometimes. Attorney fees in trust litigation may be paid from the trust (if you're enforcing trust terms or benefiting the trust), by the losing party (in breach cases), or under enhanced elder abuse statutes. Fee recovery is case-specific—we evaluate this during initial consultation.
For Los Angeles County residents (including Glendale, Burbank, Pasadena, Beverly Hills, Encino, Sherman Oaks), cases are heard at the Stanley Mosk Courthouse. For Santa Barbara County residents (including Montecito, Goleta, Carpinteria), cases are filed at the Anacapa Division. Our firm has specific procedural experience in both jurisdictions.
120 days from when you receive the Probate Code § 16061.7 notification. This deadline is strictly enforced. If you have concerns about a trust and have received (or expect to receive) notification, contact us immediately.
Yes. When a trustee breaches their fiduciary duty, they can be "surcharged"—required to repay the trust from their personal assets. Surcharge can include: the amount lost, lost profits that would have been earned, and in some cases attorney fees. This is why trustee misconduct is taken so seriously.
Beneficiaries have a legal right to information under Probate Code § 16060-16062. If a trustee refuses to communicate or provide accountings, we file a petition to compel. Courts take transparency seriously—a trustee who stonewalls often faces removal and surcharge.
We handle trust litigation throughout Los Angeles and Santa Barbara Counties:
Los Angeles County (Stanley Mosk Courthouse):
Glendale, Burbank, Pasadena, Los Angeles, Beverly Hills, Bel Air, Pacific Palisades, Santa Monica, Encino, Sherman Oaks, Tarzana, Woodland Hills, Calabasas, Arcadia, San Marino
Santa Barbara County (Anacapa Division):
Santa Barbara, Montecito, Hope Ranch, Goleta, Carpinteria, Santa Ynez Valley
Types of Cases:
Trustee removal, breach of fiduciary duty, trust contests, petitions for accounting, surcharge claims, financial elder abuse, will contests, conservatorship disputes
Related Services: Trust Administration | Heggstad Petitions | Conservatorship | Probate Services
Not sure which service you need? Here's the difference:
| Factor | Trust Litigation (This Page) | Trust Administration |
|---|---|---|
| Situation | Conflict, dispute, wrongdoing | Cooperative, routine settlement |
| Goal | Win in court, remove trustee, recover damages | Settle estate, distribute assets, close trust |
| Venue | Probate court (contested hearings) | Usually no court involvement |
| Timeline | 6-18 months (contested) | 3-12 months (routine) |
| Cost | Higher (hourly litigation rates) | Lower (flat fee or hourly admin rates) |
Uncertain? Contact us for a free case evaluation. We'll help you determine the right approach—sometimes what seems like a litigation matter can be resolved administratively, and vice versa.
Read reviews from clients we've helped with trust disputes
"Ms. Gyene helped me remove an uncooperative trustee who was mismanaging my late father's trust. Her expertise in trust litigation was evident from our first meeting. She was thorough, professional, and achieved a great outcome for our family."
"Excellent trust litigation attorney. She successfully contested a trust amendment that was obtained through undue influence on my elderly mother. Ms. Gyene's knowledge of California trust law is exceptional. Highly recommend."
"When my sibling was refusing to distribute trust assets, Ms. Gyene took swift action. She filed the necessary petitions and got results. Her aggressive but professional approach was exactly what we needed."
Don't let trustee misconduct or family conflicts cost you your rightful inheritance. Contact our trust litigation attorneys today for a free consultation.
(818) 291-6217 Schedule Free Consultation