Los Angeles Trust Litigation Lawyers
Experienced trust litigation counsel dedicated to protecting your rights and resolving complex trust disputes.
Trusts are supposed to protect a family's legacy — but when a trustee breaks the rules, a document is signed under pressure, or an inheritance never arrives, the trust becomes a battleground. The Darvish Firm is a Los Angeles trust litigation firm: we represent beneficiaries, trustees, heirs, and surviving spouses in contested trust matters throughout LA County and Southern California, from the Stanley Mosk Courthouse to probate departments across the region. We handle disputes — trust contests, trustee removal, breach of fiduciary duty, and elder financial abuse — not just estate planning.
Trust Litigation Attorneys
Our role as Los Angeles Trust Litigation Attorneys is to advocate for you and obtain a judgment or settlement due to the negligence, dishonesty, or misinterpretations of the Trustee. Trustee and more often than not are honest and competent. However, in the instances they are not, as a Beneficiary you are entitled to bring a claim in probate court.
A Trustee must act with competence and be honest, however, when a trustee’s performance falls short by failing to meet the level or standard required by them under the law, the beneficiaries are entitled to bring claims in probate court.
The Los Angeles trust and estate attorneys at The Darvish Firm litigate on behalf of beneficiaries or others who have an interest in an estate or trust when the trustee, attorney in fact, personal representative, or other fiduciary has violated their duties. These duties by the trustee include but are not limited to
1) Failing to distribute the assets according to the trust instrument.
2) Failing to properly account to all the beneficiaries.
3) Failing to properly marshal the assets of the trust.
4) Failing to properly manage the assets of the trust.
5) Failing to understand their duties under the trust or under the law.
Aggressive and Strategic Trust Litigation
The Los Angeles trust litigation attorneys at The Darvish Firm, APC, attempt to resolve disputes with informal discussions or through alternative dispute resolution techniques such as mediation on Los Angeles, however, when they are unable to resolve the dispute, they advocate aggressively to the fullest extent possible for their clients interest in Court. Our attorneys are able to use their experience to advise and represent clients in Court through their extensive experience handling Trust litigation matters.
Our attorneys communicate effectively with the Court and often with the Client. Our attorneys take time to provide details of your case and the upcoming court hearing. When a decision needs to be made, our clients are made aware of the option available to them and the possible outcomes. More importantly, when handling the matter, we focus on a path with a favorable outcome coupled with minimizing the amount of attorney’s fees and costs.
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 Trust 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 Trust Litigation Lawyers
Trust Contests — Capacity, Undue Influence, Fraud & Forgery
A trust or amendment can be set aside if the settlor lacked capacity, was subjected to undue influence, or the document was procured by fraud or forgery. California recognizes a presumption of undue influence (Prob. Code §21380) when someone in a position of trust — a caregiver, a fiduciary, or a drafter — benefits from a transfer. We litigate suspicious last-minute amendments, deathbed changes, and signatures that don't match, gathering medical records, capacity evidence, and witness testimony to challenge (or defend) a trust instrument. These contests are among the most fact-intensive matters in probate court, and how the petition is framed often determines the outcome.
Trustee Removal & Suspension
A beneficiary can petition to remove a trustee under Probate Code §15642 for breach of trust, hostility that impairs administration, conflicts of interest, insolvency, unfitness, or persistent failure to administer the trust. In urgent cases — where assets are being dissipated or concealed — the court can suspend the trustee and appoint an interim or successor trustee to protect the estate while the dispute is resolved. We bring and defend removal petitions, marshaling the accounting and communication record that shows whether a trustee has actually breached duties or is simply being second-guessed. Removal is often paired with a surcharge claim to recover losses the trustee caused.
Breach of Fiduciary Duty & Surcharge
A trustee owes beneficiaries duties of loyalty, impartiality, prudent investment, and to avoid self-dealing (Prob. Code §16000 et seq.). When a trustee favors one beneficiary, commingles funds, makes imprudent investments, pays themselves excessive fees, or profits personally, beneficiaries can sue for surcharge — a money judgment making the trust whole for the loss. We quantify damages, trace misappropriated assets, and litigate double-damages exposure where bad faith is shown. To understand what the law expects of a fiduciary, see our overview of a trustee's fiduciary duties.
Contested Trust Accountings
Trustees must account to beneficiaries, and beneficiaries have the right to demand and object to that accounting (Prob. Code §§16060–16063, 17200). A proper accounting itemizes receipts, disbursements, distributions, gains, losses, trustee compensation, and the assets on hand. When numbers don't add up — missing funds, unexplained transfers, inflated fees — we file or defend objections to compel a corrected accounting and surcharge the trustee for what's unaccounted for. A contested accounting is often the entry point that exposes deeper breaches of duty and drives the rest of the litigation.
Beneficiary Rights & Information Demands
California gives trust beneficiaries real leverage. On a settlor's death or when a trust becomes irrevocable, the trustee must serve notice and provide the trust's terms under Probate Code §16061.7, and must keep beneficiaries reasonably informed. When a trustee stonewalls, we send formal demands and, if needed, petition the court to compel disclosure. Beneficiaries frequently ask what they're entitled to see — our post on providing a copy of the trust explains the trustee's disclosure obligations. Enforcing information rights early often prevents a small dispute from becoming a costly one.
Financial Elder Abuse
When a family member, caregiver, or fiduciary takes an elder's property for a wrongful use or by undue influence, that is financial elder abuse under Welfare & Institutions Code §15610.30. It frequently overlaps with trust disputes — a coerced amendment, a drained bank account, or a changed beneficiary designation. The statute allows recovery of the property, attorney's fees and costs, and enhanced remedies, giving victims and their families powerful tools. We litigate elder financial abuse claims alongside trust contests and undue-influence petitions to recover what was taken and hold wrongdoers accountable.
No-Contest Clause Disputes
Many trusts include a no-contest clause that threatens to disinherit anyone who challenges the instrument. California narrowly enforces these clauses under Probate Code §21310 et seq.: a clause only bars a 'direct contest' brought without probable cause, and certain filings — like petitions to construe the trust or challenge a specific transfer — may not trigger it at all. Before filing, we analyze whether a claim risks forfeiture and structure the petition to protect a beneficiary's inheritance. Getting this analysis right is critical; a misstep can cost a client their entire share.
Petitions to Recover Trust Assets (§850 / Heggstad)
When property that belongs in a trust is titled in the wrong name, held by a third party, or was never formally transferred, a Probate Code §850 petition (often called a Heggstad petition) can bring that asset into the trust or estate. This is the tool for confirming a home the settlor intended to fund into the trust, recovering assets a wrongdoer took, or resolving competing ownership claims. Successful claims can also carry double-damages exposure against someone who wrongfully took estate property in bad faith. We use §850 petitions to marshal and protect the trust's assets before they can be dissipated.
Sibling & Co-Beneficiary Inheritance Disputes
Some of the hardest trust fights are between family. When one sibling is the trustee and won't distribute, hides information, occupies the family home rent-free, or drags out administration to pressure the others, the remaining beneficiaries have remedies — petitions to compel distribution and accounting, removal, and surcharge. These matters often cross into probate litigation when a will or intestate estate is also involved. We pursue a firm, cost-conscious strategy that gets our clients their fair share while keeping the family conflict from spiraling further than it has to.
Who We Represent
Trust litigation has two sides, and we handle both — pursuing wrongdoers and defending fiduciaries who are being unfairly attacked.
- check_circleBeneficiaries — We represent beneficiaries who suspect wrongdoing — pursuing accountings, information demands, removal, surcharge, and asset-recovery petitions to enforce their rights and protect their share of the trust.
- check_circleTrustees (Defense) — We defend trustees against contests, removal petitions, and surcharge claims, and advise fiduciaries on discharging their duties correctly so administration decisions withstand scrutiny in court.
- check_circleHeirs — We represent heirs and disinherited family members challenging suspicious amendments, undue influence, and forged or fraudulent instruments to restore what a rightful inheritance should have been.
- check_circleSurviving Spouses — We protect surviving spouses' community-property, elective, and beneficiary interests when a trust, amendment, or another beneficiary threatens the security the couple intended to leave in place.
- check_circleSuccessor Trustees — We help successor trustees who inherit a mismanaged trust investigate a predecessor's conduct, compel accountings, recover diverted assets, and administer the trust without inheriting personal liability.
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 Trust Litigation Lawyers — Frequently Asked Questions
The trustee won’t share information — what are my rights?
Beneficiaries of an irrevocable trust are generally entitled to a copy of the trust, notice of administration, and accountings. When a trustee stonewalls, a court can compel disclosure and, in serious cases, remove the trustee. See our page on trust & estate litigation.
How long does trust litigation take?
Straightforward disputes can resolve in months through negotiation or mediation; contested cases in the Los Angeles probate courts often take a year or longer. We push for the earliest resolution consistent with your goals.
Can trust disputes be resolved without a trial?
Most are. Mediation is common in Los Angeles probate matters and often produces faster, more private outcomes. We prepare every case for trial, which is precisely what makes early settlement possible on good terms.
How do I contest a trust in California?
You contest a trust by filing a petition in the probate court (in LA County, typically at the Stanley Mosk Courthouse) alleging grounds such as lack of capacity, undue influence, fraud, duress, or improper execution or forgery. Deadlines are strict — once a trustee serves the Probate Code §16061.7 notice, you generally have 120 days to bring a direct contest. Because filing can implicate a no-contest clause and the evidence (medical records, witnesses, financial history) must be developed quickly, it's important to consult a trust litigation attorney early. Contact us to discuss your situation.
How do I remove a trustee in California?
A beneficiary removes a trustee by petitioning the probate court under Probate Code §15642, showing grounds like breach of trust, self-dealing, conflict of interest, hostility that impairs administration, insolvency, or persistent failure to administer the trust. The court can also suspend the trustee and appoint a successor while the petition is pending if assets are at risk. Removal petitions are usually paired with demands for an accounting and, where the trustee caused losses, a surcharge claim to recover them. Strong documentary evidence of the trustee's conduct is key.
What can I do if my sibling is the trustee and won't distribute my inheritance?
You have real options. You can demand a formal accounting and the trust's terms under the Probate Code, and if your sibling stonewalls, petition the court to compel an accounting and distribution. If the delay reflects self-dealing, mismanagement, or a conflict of interest, you can also seek the trustee's removal and a surcharge for any losses. A trustee who lives in the trust's home rent-free or hides information is breaching fiduciary duties. An attorney can send formal demands and, if necessary, take the matter to court to get you your share.
How much does trust litigation cost in Los Angeles?
Cost depends on the dispute — a contested accounting resolved early costs far less than a multi-party trust contest that goes to trial. Some cases settle quickly through demand letters or mediation; others require discovery, experts, and a courtroom. Importantly, several trust claims carry fee-shifting or surcharge remedies — for example, financial elder abuse under Welfare & Institutions Code §15610.30 allows recovery of attorney's fees — so the trust or the wrongdoer may ultimately bear part of the cost. We discuss a cost-conscious strategy at the outset. Contact us to request a consultation.
What is a no-contest clause and will it disinherit me if I sue?
A no-contest clause is language in a trust or will that threatens to disinherit a beneficiary who challenges the instrument. California enforces these clauses narrowly under Probate Code §21310 et seq.: generally only a 'direct contest' brought without probable cause triggers forfeiture, and many petitions — such as those to compel an accounting, construe the trust, or challenge a specific transfer — don't count as a contest at all. Whether your claim risks your inheritance depends on how it's framed, which is why the petition should be structured carefully by a trust litigation attorney before filing.
Have a question about your situation? Call (310) 677-3512 or request a consultation.