Trust Litigation | Probate Attorneys in Roseville, CA

What Is Trust Litigation?

Trust litigation encompasses a broad range of legal disputes arising from the creation, administration, or termination of a trust. Unlike standard probate proceedings, trust disputes often unfold without court supervision—meaning that problems may go unresolved for months or years before a beneficiary realizes something is wrong. When those disputes escalate, they require experienced legal representation before the California Superior Court.

Common Types of Trust Disputes in California

NewPoint Law Group represents clients in a wide range of trust litigation matters, including:

• Trustee Misconduct and Breach of Fiduciary Duty: Breach of fiduciary duty

A trustee in California owes strict fiduciary duties to all beneficiaries—including the duty of loyalty, impartiality, prudent investment, and full disclosure. When a trustee self-deals, misappropriates trust assets, fails to account, or favors one beneficiary over another, beneficiaries have legal remedies including trustee removal, surcharge, and disgorgement of improperly obtained funds.

• Disputes over the meaning or scope of trust provisions

• Challenges to the validity of the trust based on lack of capacity, undue influence, or fraud

• Accounting disputes when a trustee fails to provide complete and accurate accountings

• No-contest clause (in terrorem clause) litigation

• Disputes between co-trustees regarding administration decisions

• Modification or termination of a trust under California Probate Code § 15403 or § 15404

Beneficiary Rights in California Trust Administration

California law grants beneficiaries meaningful rights during trust administration, including the right to receive notice of the trust’s existence, to inspect trust documents, and to demand annual accountings. Beneficiaries also have the right to petition the court if a trustee is not performing their duties properly. Our attorneys help beneficiaries understand and enforce those rights.

Trustee Representation

We also represent trustees who are facing contested accountings, removal petitions, or surcharge claims. We help trustees document their decisions, respond to beneficiary complaints, and navigate court proceedings in a manner that protects both the trustee and the integrity of the trust.

No-Contest Clauses and Strategic Considerations

Many California trusts include no-contest clauses (in terrorem clauses) that disinherit a beneficiary who challenges the trust without probable cause. Before filing any trust challenge, it is essential to evaluate whether you have a colorable claim and how the no-contest clause may affect your rights. Our attorneys carefully analyze these issues before advising clients on whether and how to proceed.