California Trust Litigation

Disputes can arise during a California trust administration due to a negligent trustee or an unhappy beneficiary. At times, a trustee may violate the terms of the trust or fail to perform some duty, which can lead to trust litigation.

Typical issues involving trust litigation include:

  • Litigation involving the validity of the Trust (similar to a will contest for incapacity, undue influence, duress, etc…)
  • The Trustee’s Breach of a Fiduciary Duty*

*Fiduciary duties of the trustee include: Duty of Care, Duty to Administer the Trust, Duty of Loyalty, Duty of Impartiality, Duty to Avoid Conflicts of Interest, Duty to Control and Preserve the Trust Assets, and Duty to Make the Trust Productive.

It is wise for a trustee charged with the administration of a trust to seek out legal advice. A trustees can be held personally liable for not fulfilling his or her fiduciary duties. To consult with an experienced California Trust Litigation attorney who can advise you on the litigation of an trust in California or offer legal guidance to an acting trustee, contact the Law Offices of Jack B. Friedell today.