California Trust Contests, Will Contests, and Beneficiary Protection
Trust and estate disputes are rarely about paperwork alone. Most of the time, they begin when a family member or trusted individual abuses their position of power like cutting beneficiaries out, withholding information, or diverting assets for personal gain.
At Albertson & Davidson LLP, we focus exclusively on California trust contests, will contests, and representing abused trust and will beneficiaries. This is the core of what we do.
Because these cases are fact-specific and legally complex, this article is not legal advice. Instead, it explains at a high level how these disputes arise and how beneficiaries can protect their inheritance.
What Is a California Trust Contest?
Most parents and family members create estate plans using a trust and will to pass assets—homes, bank accounts, investments, and personal property—to loved ones. In many cases, those plans work exactly as intended.
Problems arise when a last-minute change to a trust benefits someone who was never meant to inherit—or dramatically alters prior distributions.
Often, this happens when:
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An elder is isolated
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A caregiver, friend, or family member gains influence
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Changes are made during illness, cognitive decline, or dependency
A California trust contest is a lawsuit asking the probate court to invalidate improper changes to a trust. These cases commonly involve claims such as:
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Undue influence
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Lack of capacity
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Fraud or financial elder abuse
If successful, the court can restore the trust to reflect the true intent of the person who created it.
What Is a California Will Contest?
Will contests are similar in purpose but more procedurally complex.
In a will contest, a beneficiary must:
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File a petition to open probate
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Challenge the validity of the will itself
Like trust contests, will contests often involve allegations of:
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Undue influence
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Forgery or fraud
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Lack of mental capacity
The litigation process includes discovery, depositions, motions, and—if necessary—a trial before a judge (and sometimes a jury if elder abuse claims are involved).
Who Is an Abused Trust or Will Beneficiary?
Many beneficiaries are not disinherited—but are still harmed during administration.
An abused beneficiary is someone whose inheritance is damaged by a trustee or executor who misuses their authority.
Common forms of abuse include:
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Refusing to communicate
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Withholding accountings or documents
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Delaying distributions without justification
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Using trust or estate assets for personal benefit
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Living in estate property rent-free
Under California law, trustees and executors owe strict fiduciary duties. When those duties are violated, beneficiaries have the right to act.
How Beneficiaries Can Protect Themselves
Depending on the situation, beneficiaries may petition the court to:
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Remove the trustee or executor
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Compel accountings and disclosures
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Recover lost or misused assets
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Surcharge fiduciaries for financial harm
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Invalidate improper trust or will changes
These cases move quickly and require strategic litigation. Delay often benefits the wrongdoer—not the beneficiary.
Our Focus
Albertson & Davidson LLP represents beneficiaries throughout California in:
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Trust contests
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Will contests
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Financial elder abuse claims
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Fiduciary misconduct cases
If you believe your inheritance has been wrongfully taken, reduced, or delayed, the sooner you act, the more options you preserve.
