Santa Monica Trust and Estate Disputes

In brief: When a trust owns rental property, the trustee must account for every dollar of rent and manage the building for all beneficiaries, not for themselves (Probate Code §§ 16003, 16004, 16063). For Santa Monica families with a trustee who controls an income property, Hackard Law handles these cases on contingency: no fee and no costs if there is no recovery, unless your written agreement provides otherwise.

By Michael Hackard, California trust and estate litigation attorney. Last reviewed October 26, 2026. Updated November 3, 2026.

Fewer than three in ten Santa Monica homes are owner-occupied. Many families’ wealth is a duplex, a fourplex, or a small apartment building held in trust for decades. When one sibling becomes trustee, that sibling also becomes the landlord, the bookkeeper, and the only one who sees the rent roll.

From Saint Monica to the pier

Father Juan Crespí of the Portolá expedition named the area for Saint Monica in 1769. Senator John P. Jones and Colonel R.S. Baker laid out the town in 1875, and it incorporated in 1886. The Santa Monica Pier opened in 1909.

When the trust owns a building

A trustee’s account must show receipts and disbursements of principal and income, and rent is income (Probate Code § 16063). Under California’s Uniform Fiduciary Income and Principal Act, rent is generally allocated to income, while refundable security deposits are held as principal. A trustee who lives in a unit rent-free, rents to friends below market, or pays a related company to manage the building may be breaching the duties of loyalty and impartiality (Probate Code §§ 16003, 16004).

A change in ownership through inheritance or a trust generally does not end a tenant’s rights under local rent-control rules. Heirs and trustees should check the City of Santa Monica’s rules before raising rent or seeking possession.

Warning signs

• No rent roll or bank statements shared with beneficiaries.
• A trustee or relative living in a unit without paying rent.
• Management or repair fees paid to the trustee’s own company.
• Distributions that never seem to match the building’s income.

Santa Monica at a glance

• Population: 93,076 (2020 Census); 90,082 (2025 estimate)
• Residents 65 and older: 19.5%
• Median home value: $1,755,500
• Owner-occupied homes: 27.9%

Source: U.S. Census Bureau, 2020 Census, 2025 population estimates, and American Community Survey 2020–2024.

Where your case is heard

Trust and probate cases for Santa Monica are heard in the probate departments of Los Angeles County Superior Court, Stanley Mosk Courthouse, 111 North Hill Street, Los Angeles, California 90012, approximately 16 driving miles from Santa Monica. Actual distance varies by starting point and route. Hackard Law’s office is in Sacramento County. The firm handles matters in Los Angeles County Superior Court and throughout California.

How fees work

Hackard Law represents families on a contingency basis. The fee is a percentage of the recovery, stated in a written agreement before work begins. The firm advances the costs of the case, which are repaid from the recovery. If there is no recovery, you owe no fee and no costs, unless your written agreement provides otherwise.