Albertson & Davidson

Estate & Probate Litigation / Contested Wills & Trusts Litigation

Trust and Estate litigation comes in many different shapes and sizes, from Trust and Will contests, to removal of an Executor or Trustee, defense of an Executor or Trustee, or contests between competing beneficiaries. At Albertson & Davidson, LLP we are experienced trial lawyers and we personally handle all aspects of Trust and Estate litigation from inception of the suit through discovery and motion practice to trial and even appeal, if necessary. 

Trust, Estate and Probate Litigation is a very specialized area of the law. To successfully navigate this area, an attorney must have an in-depth knowledge of Trusts, Wills, Estates and Probate, AND have an in-depth understanding of the complex litigation rules in California (including motion practice, discovery, and trial). It is the combination of these two areas that sets the attorneys at Albertson & Davidson apart. We have extensive knowledge of Trusts, Wills, Estate and Probate because we regularly help clients in these areas. We also have extensive experience litigating these cases. Our litigation knowledge helps us stand-up for the rights of our clients. It also makes us better at planning estates (i.e., creating California Trusts and Wills) because we see first-hand the techniques that work well when they are contested and those that do not.

The primary issues the arise in Trust and Estate Litigation include:

  • Actions By Trustees or Executors:
  • Survival Actions
  • Wrongful Death Actions
  • Creditors’ Claim Litigation

Actions to Invalidate Trust and Will Documents:

  • Trust Contests
  • Will Contests
  • Undue Influence
  • Lack of Capacity
  • Fraud
  • Trust Amendment Contest
  • Codicil Contest

Actions Against Trustees and Executors:

  • Compelling Trustees or Executors to Account
  • Proceeding to Surcharge Trustees or Executors
  • Removal of Trustees or Executors
  • Obtaining Trust or Will information
  • Prohibited Transferee Care Custodians

Modification or Termination of Trust Documents:

  • Modification of Trust by Consent of the Beneficiaries
  • Modification or Termination for Changed Circumstances
  • Disposition of Trust Property on Termination

Want more information? We have posted a number of our litigation forms in our Forms directory and on our blog. And we have a host of forms for other areas, such as estate planning, probate and trust administration.

To learn more about how Albertson & Davidson, LLP can help you in abused estate and Trust beneficiary litigation contact us today or call (951) 686-5296.