Licensed California Attorney - Bar #208356
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Trust Litigation Attorney | Los Angeles & Santa Barbara

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.

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5000+ Families Served Since 2001
California State Bar #208356 Licensed & Verified
A+ Rated Better Business Bureau
25+ Years Experience Estate Planning Experts
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When You Need a Trust Litigation Lawyer in LA or Santa Barbara

Trial-Ready Representation at Southern California's Probate Courts

Trust litigation requires courthouse-specific expertise. We have extensive experience before the two major probate courts serving our clients:

⚖️ Stanley Mosk Courthouse (LA County)

111 N. Hill Street, Los Angeles

  • Serves: Glendale, Burbank, Pasadena, Beverly Hills, Encino, Sherman Oaks, Tarzana, Woodland Hills
  • One of the busiest probate courts in California
  • Complex procedures and strict deadlines
  • We know the judges, the clerks, and the local rules

⚖️ Anacapa Division (Santa Barbara County)

1100 Anacapa Street, Santa Barbara

  • Serves: Santa Barbara, Montecito, Goleta, Carpinteria, Hope Ranch
  • High-value estates from coastal wealth corridor
  • Different procedures than LA County
  • We understand the local practice and culture

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.

Types of Trust Litigation We Handle

We represent both beneficiaries seeking accountability AND trustees defending against unfounded claims:

Trustee Removal (Prob. Code § 15642)

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.

Breach of Fiduciary Duty

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.

Trust Contests

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.

Petitions for Accounting

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.

Petitions for Surcharge

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.

Financial Elder Abuse (W&I § 15610.30)

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.

⚠️ CRITICAL: 120-Day Deadline to Contest a Trust

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.

What Happens if You Miss the Deadline?

  • You lose the right to contest the trust's validity
  • You cannot challenge undue influence, lack of capacity, or fraud
  • The trust terms become conclusive—even if they were wrongfully obtained
  • Some related claims may also be time-barred

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.

💡 Not Every Dispute Requires Full Litigation

Before committing to expensive litigation, we evaluate whether alternative remedies might resolve your issue faster and more cost-effectively:

  • Heggstad Petition: If you believe a trust was never properly funded with certain assets, you may not need full litigation. Visit our Heggstad Petition page to see if a simplified court order can resolve the issue.
  • Mediation: Many trust disputes can be resolved through mediation, preserving family relationships and reducing costs.
  • Informal Resolution: Sometimes a strongly-worded demand letter from litigation counsel prompts the trustee to comply.
  • Trustee Instructions: Trustees facing difficult decisions can petition the court for instructions (Prob. Code § 17200) without full adversarial proceedings.

We assess every case to determine the most strategic approach. Litigation is powerful but not always necessary.

Trust Dispute Attorney Services

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.

We Represent Both Sides

Trust litigation isn't one-sided. We represent both beneficiaries seeking accountability AND trustees defending against claims:

For Beneficiaries

  • Force trustees to account and communicate
  • Remove trustees who breach their duties
  • Recover assets that were misappropriated
  • Challenge unfair trust modifications
  • Contest trusts obtained through undue influence
  • Pursue elder abuse claims with enhanced damages

You have rights. We enforce them.

For Trustees

  • Defend against unfounded removal petitions
  • Respond to baseless breach claims
  • Obtain court instructions on difficult decisions
  • Seek approval of accountings and distributions
  • Recover trustee fees wrongfully withheld
  • Navigate disputes among warring beneficiaries

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.

Key Probate Code Sections in Trust Litigation

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.

Remedies Available in Trust Litigation

Depending on the nature of your case, various remedies may be available:

Trust Litigation Timeline: What to Expect

Trust litigation moves faster than general civil litigation because probate courts have specialized procedures:

Week 1-2: Case Evaluation

Review trust documents, gather evidence, assess strength of claims/defenses, determine strategy.

Week 3-4: Petition Filed

Draft and file petition with the court. Serve all interested parties. Request any emergency relief if needed.

Week 5-8: Responses & Discovery

Opposing parties respond. Exchange documents, interrogatories, depositions. Identify key disputes.

Month 3-6: Mediation/Settlement Attempts

Many courts require mediation before trial. Often resolves 60-70% of cases.

Month 6-12: Trial

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 FAQs

How much does trust litigation cost?

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.

Can I recover my attorney fees?

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.

Where are trust litigation cases filed?

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.

What's the deadline to contest a trust?

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.

Can a trustee be held personally liable?

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.

What if the trustee won't give me information?

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.

Trust Litigation Service Areas

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

Trust Litigation vs. Trust Administration

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.

What Our Trust Litigation Clients Say

Read reviews from clients we've helped with trust disputes

5.0

Based on 127+ client reviews

"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."

- Jennifer T., Glendale

"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."

- Robert K., Burbank

"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."

- Maria S., Pasadena

Protect Your Rights in a Trust Dispute

Don't let trustee misconduct or family conflicts cost you your rightful inheritance. Contact our trust litigation attorneys today for a free consultation.

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