Los Angeles Probate Litigation Attorneys
Skilled advocacy to protect your rights and resolve complex probate disputes with clarity and confidence.
When a California probate estate becomes a battleground, the stakes are personal and financial at once. The Darvish Firm represents heirs, beneficiaries, executors, and creditors in contested probate matters throughout Los Angeles County — from will contests and executor removal to accounting disputes and petitions to recover estate property, litigated in the probate departments of the Stanley Mosk Courthouse and courts across Southern California.
Probate Litigation Attorneys
The purpose of creating a Trust is to avoid probate altogether in order to transfer and administer the trust assets from the Settlor (the person who created the Trust) to the Beneficiary, through a third party called a trustee. Disagreements often arise and beneficiaries or trustees may make the process difficult, especially with valuable assets involved or when one beneficiary is also a trustee. Probate Administration on the other hand is handled through a court process while trust administration is private until litigation arises where one party files a petition. Our seasoned and experienced Los Angeles trust litigation attorneys have the experience and knowledge to handle the administration of an estate including wills and trusts and any disputes that arise.
The Los Angeles trust litigation attorneys at The Darvish Firm, APC handle a variety of trust and estate disputes, including:
1) Complex trust and will contests
2) Fraud, duress, undue influence
3) Breach of fiduciary duty by the Trustee
4) Probate litigation and estate litigation
5) Removal of the Trustee or Administrator
6) Interpretations, construction and reformation of Wills and trusts
7) Lack of mental capacity
8) Spousal rights and meretricious relationships
9) Determination of, and challenges to, heirship
10) Attorney and fiduciary fee disputes
Expert Probate & Trust Litigation Support
Our extensive experience handling these probate and trust litigation matters help our Clients effectively litigate, mediate and resolve their matter.
Our many years in handling, we are familiar with the strategies and tactics used to both prosecute and defend disputes in these areas. We learn about your situation and advise you as to what you can expect and how our firm may best assist you.
In most California probate litigation scenarios, you only have a short period of time to contest a will or other probate dispute. That is why it is so very important for you to contact us as soon as possible and avoid the prospect of your claim being barred. If you need experienced counsel to contest a will, or believe you have been denied your just inheritance through the improper use or administration of a trust, call us immediately for assistance.
The Los Angeles trust and estate lawyers at The Darvish Firm, APC are committed to our Client’s success by being strategic, committed, and responsive. We have the experience to handle all complex legal matters, whether litigation or estate planning. Our attorneys represent you, if necessary, through probate, will contests, estate litigation, trust litigation, and other lawsuits and disputes in all California venues and jurisdictions.
Contact Us today at (310) 234-4050 for a no-obligation consultation.
Los Angeles Probate Litigation Attorneys
Will Contests
A California will can be challenged by an interested person who would inherit if the will were set aside. Common grounds include lack of testamentary capacity, undue influence, fraud, duress, forgery, and improper execution (a will generally must be signed and witnessed by two people under Probate Code §6110). Undue influence claims often turn on a confidential relationship, active participation in procuring the will, and an unnatural result — factors courts weigh closely. We investigate the drafting circumstances, medical records, and witness accounts, then litigate the contest before or after the will is admitted to probate. These disputes frequently overlap with trust litigation when a decedent left both a will and a trust.
Executor & Administrator Removal
A personal representative who mismanages the estate, breaches fiduciary duties, wastes assets, or fails to account can be suspended and removed under Probate Code §8500 et seq. and §9614. Grounds include waste, mismanagement, fraud, conflicts of interest, incapacity, and persistent failure to perform the duties of the office. We petition to remove the sitting representative, seek appointment of a successor or a neutral fiduciary, and — where warranted — pursue a surcharge to make the estate whole. Prompt action matters, because an entrenched representative can dissipate assets while the estate stays open. Removal petitions are heard in the probate department that is administering the estate.
Estate Accounting Disputes
California personal representatives must file accountings that report every receipt, disbursement, gain, and loss during administration. Beneficiaries and heirs have the right to review these accountings and file written objections when charges are unsupported, assets are undervalued or missing, or the representative has paid improper expenses or fees. We scrutinize the accounting line by line, use probate discovery to obtain bank records and supporting documents, and litigate objections at the hearing on the account. A successful objection can force restatement of the account, denial of fees, or a surcharge against the representative for losses caused by mismanagement.
Breach of Fiduciary Duty by a Personal Representative
An executor or administrator owes the estate and its beneficiaries strict duties of loyalty, care, and impartiality — the same fiduciary standards that govern trustees. Self-dealing, commingling estate funds, favoring one beneficiary, making imprudent investments, or paying inflated fees to friends and family can all constitute a breach. We bring surcharge actions to recover losses the estate suffered, disgorge improper profits, and hold the representative personally liable where the conduct warrants it. Because the duties owed by executors and trustees closely parallel one another, these matters often run alongside our trust and estate litigation work.
Heir & Beneficiary Disputes
Disagreements among heirs and beneficiaries can stall an estate for years. We handle disputes over who is entitled to inherit, competing claims of heirship, the proper interpretation of ambiguous will provisions, and conflicts over the distribution or sale of estate real property in high-value Los Angeles markets like Beverly Hills, Santa Monica, and Pasadena. Where the estate holds a home or income property, distribution fights can resemble co-ownership disputes, and we bring the same litigation discipline to resolving them — through negotiation where possible and contested hearings where necessary. Our goal is a distribution that honors the decedent's intent and California law.
Creditor Claims Against an Estate
Creditors of a decedent must present claims to the personal representative within strict statutory deadlines — generally the later of four months after letters issue or sixty days after notice to the creditor, under Probate Code §9100. A representative who rejects a claim triggers a short window to file suit before the claim is barred. We represent creditors pursuing valid debts against an estate and personal representatives defending against inflated, untimely, or unsupported claims. Getting the timing and the notice requirements right is decisive, because a missed deadline can extinguish an otherwise legitimate claim or expose the estate to liability it should have avoided.
Petitions to Recover Estate Property (§850 / Heggstad)
When assets that belong in an estate are held by someone else — or when property the decedent intended to transfer was never formally retitled — a petition under Probate Code §850 (the successor to the Heggstad petition) lets the court determine ownership and order the property conveyed to the estate. These petitions reach real estate, bank accounts, and business interests wrongfully taken or withheld, and they can carry double-damages exposure under §859 where property was taken in bad faith or through elder financial abuse. We use §850 petitions to claw back diverted assets efficiently, often avoiding a separate civil lawsuit and keeping the dispute in the probate court already overseeing the estate.
Omitted Spouse & Pretermitted Heir Claims
California protects a spouse or child who was unintentionally left out of an estate plan. Under Probate Code §21610, a spouse the decedent married after executing the will (an omitted spouse) is generally entitled to a statutory share of the estate, and under §21620 a child born or adopted after the will was made (a pretermitted heir) may claim an intestate share — unless the omission was intentional or otherwise provided for. We evaluate whether the exceptions apply, gather evidence of the decedent's intent, and litigate these claims to secure the inheritance the law guarantees. These issues frequently surface alongside will contests and challenge the estate's proposed distribution.
Financial Elder Abuse
Many probate disputes trace back to financial exploitation of an elder before death — a caregiver, relative, or fiduciary who used undue influence to divert assets, change beneficiary designations, or alter the estate plan. California's Welfare & Institutions Code §15610.30 defines financial elder abuse broadly and, when proven, allows recovery of attorneys' fees and enhanced remedies. We pursue these claims within the probate case or in a companion civil action, using §850 petitions and surcharge actions to recover misappropriated property. Standing to bring the claim can survive the elder's death, allowing the estate or successors to hold wrongdoers accountable for exploitation that occurred during the decedent's lifetime.
Who We Represent
We represent every side of a contested estate — because probate litigation looks very different depending on where you stand.
- check_circleHeirs — We advise intestate heirs and those claiming rights of inheritance, protecting their share when a will is contested, an estate is mismanaged, or property has been diverted before or after death.
- check_circleBeneficiaries — We enforce beneficiaries' rights to proper administration, accurate accountings, and timely distribution — and challenge executors who breach their duties or delay the estate.
- check_circleExecutors & Administrators (defense) — We defend personal representatives against removal petitions, accounting objections, and surcharge claims, helping them administer the estate correctly and answer challenges from beneficiaries.
- check_circleCreditors — We represent creditors presenting and litigating claims against a decedent's estate, navigating the strict Probate Code deadlines so valid debts are paid before assets are distributed.
- check_circleSurviving Spouses — We assert the rights of surviving and omitted spouses, including statutory shares and community-property claims, when an estate plan overlooks or shortchanges them.
Serving Los Angeles & Southern California
From our office on Wilshire Boulevard, The Darvish Firm represents clients throughout Los Angeles County — including Beverly Hills, Santa Monica, Century City, Westwood, Culver City, Pasadena, Glendale, Burbank, and Long Beach — and across Orange, Ventura, Riverside, and San Bernardino Counties. We appear in the Stanley Mosk Courthouse and Los Angeles Superior Court locations countywide.
Request a consultation or call (310) 677-3512.
Los Angeles Probate Litigation Attorneys — Frequently Asked Questions
On what grounds can a will be contested?
Lack of capacity, undue influence, fraud, forgery, and improper execution are the most common grounds in California. Evidence gathering — medical records, witness accounts, prior estate plans — should begin as early as possible.
What can be done about executor misconduct?
Executors owe fiduciary duties to the estate. Courts can compel accountings, surcharge losses, and remove an executor who self-deals or mismanages assets. Beneficiaries do not have to wait until the estate closes to act.
How is probate litigation different from trust litigation?
Probate litigation concerns estates administered under court supervision (usually wills); trust disputes involve trustees administering trusts outside probate. Many families face both — our trust & estate litigation team handles the full picture.
How do I contest a will in California?
To contest a will, you must be an "interested person" — typically an heir or beneficiary who would gain if the will were invalidated — and file a petition or objection in the probate court, raising grounds such as lack of capacity, undue influence, fraud, or improper execution. A contest can be filed before the will is admitted to probate or, in some cases, after admission within the statutory period. Because these cases turn on evidence about the decedent's mind and the drafting circumstances, early investigation is critical. Request a consultation to evaluate whether you have grounds to contest.
How long do I have to contest a will in California?
Timing is critical. If you object before the will is admitted to probate, you can appear at the hearing on the petition for probate. Once a will has been admitted, an interested person generally has about 120 days from the order admitting the will to petition to revoke probate under Probate Code §8270 (a longer period may apply to certain persons who did not receive notice). Missing the window can permanently bar your challenge, so anyone considering a will contest should seek advice promptly rather than waiting.
Can an executor be removed for misconduct?
Yes. Under Probate Code §8500 and §8502, the court can suspend and remove a personal representative who wastes or mismanages the estate, commits fraud or self-dealing, fails to perform required duties such as filing an accounting, or is otherwise unfit to serve. A beneficiary, heir, or other interested person files a petition, and the court can appoint a successor or a neutral fiduciary. The removed representative may also be surcharged for losses their misconduct caused the estate.
What is a §850 petition?
A petition under Probate Code §850 (the modern successor to the Heggstad petition) asks the probate court to determine ownership of property and order its transfer when title is disputed — for example, when someone wrongfully holds an estate asset, or when the decedent intended to fund a trust but never formally retitled the property. It is an efficient way to resolve ownership inside the probate case rather than filing a separate lawsuit, and §859 allows double damages where property was taken in bad faith or through elder financial abuse.
Have a question about your situation? Call (310) 677-3512 or request a consultation.