Top 5 Probate Litigation Battles in California Estate Law

Over years of litigating probate, trust and estate battles in California Superior Courts, our clients frequently ask the question: Do many families go through estate battles like the one we are experiencing?

Estate litigation battles, often outgrowths of disputes within families, have their own distinctive troubles. That said, the more estate fights we see, the more certain prevalent patterns become evident.

We’ve identified five of the most common court motions in probate, trust and estate battles. We hope that this list helps those who may be facing trust or estate battles.

1. Petitions against Former Trustees Alleging Wrongful Acquisition and Misappropriation of Trust Assets
2. Petition For Order Removing Co-Trustee and Appointing Fiduciary as Successor Trustee and Bringing Trust Under Court Supervision
3. Ex Parte Petition for Order Suspending the Powers of Cotrustee (and appointing fiduciary as temporary successor trustee and bringing trust under court supervision)
4. Petition for Order Suspending Trustee’s Powers (appointing temporary trustee, compelling a forensic accounting, instructing trustee on real property)
5. Petition to invalidate a trust amendment on forgery and undue influence. No trust funds for legal defense.

As you can see from the five motions I listed above, undue influence and elder financial abuse often play a major role in estate disputes. When estate disputes cannot be resolved by decent compromise, then they become cases – cases with court numbers and court timelines. When those who unduly influence estate dispositions and commit financial elder abuse seek to preserve their unjust advantages, we take the estate battle to them. Wrongdoing is not defeated by acquiescence, but by vigorous action.

Our experience is that once the decision is made to litigate, it is critical to be organized, focused and aware that litigation itself is not a middle ground or a halfway solution. It is a path to victory – a path that may result in resolution before trial – but resolution is possible only because a competent legal team is forging that path to victory. If you need an experienced estate litigation attorney for Sacramento, San Francisco, Alameda or elsewhere in Northern California, call us at Hackard Law. We’re dedicated to ensuring that clients are not only prepared, but also protected. You can reach us at 916-313-3030.