Glendale Trust Litigation Attorney

Experienced Glendale Probate Litigation Attorney

When trust disputes arise, beneficiaries need aggressive legal representation to protect their inheritance rights. As an experienced Glendale trust litigation attorney and Glendale probate litigation lawyer with over 25 years of practice, the Law Offices of Rozsa Gyene fights for beneficiaries facing trustee misconduct, breach of fiduciary duty, trust contests, and other trust-related disputes.

Our trust litigation attorney Glendale represents clients throughout Los Angeles County in complex trust disputes, including undue influence claims, lack of capacity cases, trustee removal proceedings, breach of fiduciary duty lawsuits, and trust interpretation disputes. Whether you're a beneficiary whose inheritance is being withheld by a dishonest trustee or you're facing false allegations as a trustee, our Glendale probate litigation attorney provides skilled, strategic representation.

Located at 450 N Brand Blvd, Suite 600 in Glendale, our office is just blocks from the Los Angeles County Superior Court where trust litigation cases are filed. As your California trust litigation lawyer, we handle all aspects of trust disputes from initial investigation through trial and appeal if necessary.

Types of Trust Litigation We Handle

Our Glendale probate litigation lawyer handles all types of trust-related disputes:

Trust Contests

Trust contests challenge the validity of a trust based on:

• Lack of Capacity: The settlor did not have mental capacity when creating or amending the trust
• Undue Influence: Someone improperly pressured or manipulated the settlor to change the trust
• Fraud: The settlor was deceived about the trust contents or provisions
• Elder Abuse: Financial elder abuse in procuring trust changes
• Forgery: The trust or amendments were forged or improperly executed
• Failure of Trust Formalities: The trust was not properly created or executed

California law imposes strict deadlines for trust contests, typically 120 days after receiving notice of the trust. Our trust litigation attorney Glendale acts quickly to preserve your rights and gather evidence before deadlines expire.

Trustee Removal

When trustees breach their fiduciary duties or fail to properly administer the trust, beneficiaries can petition for removal. Grounds for trustee removal include:

• Breach of fiduciary duty (self-dealing, mismanagement, favoritism)
• Refusal to account to beneficiaries
• Conflicts of interest
• Hostility toward beneficiaries
• Inability or unwillingness to administer the trust
• Failure to follow trust terms
• Substantial change in circumstances

Our Glendale probate litigation attorney represents beneficiaries seeking trustee removal and successor trustees taking over after removal.

Breach of Fiduciary Duty

Trustees owe beneficiaries the highest duty of loyalty and care under California law. Common breaches include:

• Self-Dealing: Using trust assets for personal benefit
• Conflicts of Interest: Transactions that benefit the trustee
• Failure to Invest Prudently: Imprudent investments or failure to diversify
• Favoritism: Treating some beneficiaries better than others
• Failure to Account: Refusing to provide accounting of trust transactions
• Commingling Funds: Mixing trust funds with personal funds
• Mismanagement: Negligent handling of trust assets

Trustees who breach their fiduciary duties can be held personally liable for losses to the trust and may be required to disgorge improper gains.

Trust Accounting Disputes

Beneficiaries have the right to regular accountings showing all trust income, expenses, and distributions. Our trust litigation attorney Glendale helps beneficiaries:

• Compel trustees to provide accountings
• Challenge inaccurate or incomplete accountings
• Object to improper trustee fees
• Contest unauthorized expenses
• Investigate suspicious transactions

Trust Interpretation Disputes

When trust language is ambiguous or parties disagree about the settlor's intent, our Glendale probate litigation lawyer seeks court instructions to clarify trust terms and resolve disputes about:

• Distribution provisions
• Trustee powers
• Beneficiary rights
• Trust administration procedures

Elder Financial Abuse Claims

California law provides enhanced remedies when someone takes advantage of an elder or dependent adult to procure trust changes. Elder abuse claims may allow recovery of attorney fees and enhanced damages beyond standard breach of fiduciary duty cases.

The California Trust Litigation Process

Trust litigation in Glendale follows a structured process:

Step 1: Case Evaluation and Evidence Gathering

Our Glendale trust litigation attorney begins with a thorough evaluation of your case, reviewing the trust document, accountings, and relevant evidence. We investigate potential claims and assess the strength of your case.

Step 2: Pre-Litigation Demands

Before filing litigation, we often send demand letters to trustees or opposing parties, outlining the legal violations and demanding corrective action. Many cases settle at this stage, avoiding the expense and delay of court proceedings.

Step 3: Filing the Petition

If pre-litigation demands fail, we file a petition with the Los Angeles County Superior Court Probate Division. The petition outlines the legal claims, requests for relief, and supporting facts.

Step 4: Discovery

During discovery, both sides exchange documents, conduct depositions, and gather evidence. Discovery in trust litigation typically includes:

• Trust documents and all amendments
• Financial records and accountings
• Medical records (in capacity/undue influence cases)
• Communications between parties
• Expert witness reports

Step 5: Mediation

California courts typically require mediation before trial. A neutral mediator helps parties negotiate settlement. Our trust litigation attorney Glendale is an experienced negotiator who has settled hundreds of trust disputes through mediation.

Step 6: Trial

If settlement fails, the case proceeds to trial before a judge (trust cases are decided by judges, not juries). Our Glendale probate litigation attorney has extensive trial experience and presents compelling evidence to protect your rights.

Step 7: Judgment and Appeals

After trial, the court issues a judgment. The losing party may appeal to the California Court of Appeal. Our firm handles trust litigation appeals when necessary.

Costs and Attorney Fees in Trust Litigation

Trust litigation costs vary based on case complexity. Our Glendale trust litigation attorney offers flexible fee arrangements:

Contingency Fees

For beneficiaries pursuing breach of fiduciary duty claims or trust contests, we often work on contingency (percentage of recovery). This allows you to pursue valid claims without paying hourly fees upfront. Typical contingency percentages range from 25-40% depending on case complexity.

Hourly Rates

Some cases are handled on hourly billing, typically $400-$700/hour for experienced trust litigation attorneys.

Hybrid Arrangements

We also offer hybrid fee structures combining reduced hourly rates with a success fee.

Fee Recovery

California law allows prevailing parties in trust litigation to recover attorney fees from the trust or from the losing party in many cases. This makes it possible to pursue meritorious claims without bearing the full cost of litigation.

Frequently Asked Questions

Related Services

Our Glendale law office provides comprehensive trust, probate, and estate planning services:

• Probate Litigation Glendale - Will contests and probate disputes
• Trust Attorney Glendale - Living trust creation and administration
• Trust Administration Glendale - Trustee services and compliance
• Conservatorship Attorney Glendale - Adult conservatorships

Contact Our Glendale Trust Litigation Attorney Today

If you're involved in a trust dispute in Glendale or anywhere in Los Angeles County, don't delay. Strict deadlines apply to trust contests and other trust litigation claims. The Law Offices of Rozsa Gyene provides aggressive, experienced representation in all types of trust disputes.

Our Glendale probate litigation attorney and California trust litigation lawyer has successfully represented hundreds of beneficiaries in trust disputes, recovering millions in stolen or withheld inheritances. We fight to protect your rights and hold dishonest trustees accountable.