Trustee Surcharge Litigation

Trustee surcharge litigation involves asking a Probate Court to hold a California Trustee or Executor financially responsible for harms caused to a Trust or Will beneficiary’s inheritance. Some of the common things a Trustee can be surcharged for include:

  • Using Trust assets for the Trustee’s own interest.
  • Failing to properly invest the Trust assets.
  • Failing to diversify the Trust’s portfolio of financial and real property assets.
  • Using Trust assets to pay for attorneys fees that were incurred by the actions of the Trustee.

These are just a few examples of when a Probate Court will surcharge a Trustee so that money can be returned to the rightful Trust or Will beneficiaries.


Trustees hold an important position in Trust matters, and they have a host of duties and responsibilities that go along with that position.  But all too often Trustees don’t understand, appreciate, or follow the many fiduciary duties they are required to uphold.  From treating each and every beneficiary fairly, to properly accounting for their actions and spending, to making proper Trust distributions when they are due.  When a Trustee violates his or her duty as trustee, it can spell disaster for the Trust beneficiaries.  As a beneficiary, there are times when you have to stick up for yourself and take action.  Sometimes action can be a simple demand letter to a trustee.  More often, however, action requires filing a trustee breach of duty lawsuit in Court.


Albertson & Davidson has helped many beneficiaries protect and preserve their rights in California Trust and Will matters.  Taking on a Trustee is not easy because the Trustee can use the Trust funds to pay for his lawyer, whereas a beneficiary does not have that luxury.  But when a Trustee goes astray from his or her duties, a beneficiary has no other choice but to stand up for what is right.  We are here to help in the pursuit of fairness and justice for all California beneficiaries.



Our in-depth knowledge of Trust and Estate matters is essential in holding Trustees and Executors responsible for the financial losses they allowed while acting as a fiduciary of a California Trust or Will. This experience allows us to provide a unique perspective to Trust and Will beneficiaries when they lose a portion, or all of, their inheritance at the hands of a Trustee or Executor who disregards their legal obligations. And we have the necessary trial experience to handle all matters up to and through trial, if necessary, to achieve a client’s desired result.

Los Angeles Office

400 Continental Blvd., 6th Floor
El Segundo, California 90245
213.670.7940 phone

Orange County Office

19800 MacArthur Blvd., Ste 300
Irvine, California 92612
949.608.0040 phone

San Diego County Office

2175 Salk Ave., Ste 190
Carlsbad, California 92008
760.804.2711 phone

San Francisco Office

One Market St., Ste 3600
San Francisco, California 94105
415.685.0909 phone

Silicon Valley Office

303 Twin Dolphin Drive, Suite 600,
Redwood City, CA 94065
650.596.9999 phone