Dana Point Trust and Estate Disputes

In brief: After the first spouse dies, a married couple’s trust often splits, and the deceased spouse’s share may become irrevocable. A surviving spouse or stepparent serving as trustee owes duties of loyalty and impartiality to the remainder beneficiaries, including children of the first marriage. 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.

Dana Point estates are often built over long marriages and held in joint trusts. The hardest disputes begin after the first spouse dies, especially when the survivor is a second spouse and the children are from the first marriage.

Two Years Before the Mast

Dana Point is named for Richard Henry Dana Jr., who came here aboard the brig Pilgrim in 1835 and called the area “the only romantic spot on the coast” in Two Years Before the Mast (1840). Dana Point Harbor was dedicated in 1971, and the city incorporated in 1989.

After the first spouse dies

Many joint trusts divide at the first death. The deceased spouse’s share often becomes irrevocable, and the survivor can change only the survivor’s own share. Whether that happened depends on the trust’s terms, which is why the documents matter more than anyone’s memory of them.

A stepparent serving as trustee must administer the trust solely in the beneficiaries’ interest, deal impartially with current and remainder beneficiaries, and keep them reasonably informed (Probate Code §§ 16002, 16003, 16060). Michael Hackard wrote about this pattern in Alzheimer’s, Widowed Stepmothers & Estate Crimes.

Warning signs

• No copy of the trust after a parent’s death, or a refusal to provide one.
• Assets moved from the deceased parent’s share to the survivor’s share.
• A new estate plan signed by the surviving spouse during a decline.
• No accountings, years after the first death.

Dana Point at a glance

• Population: 33,107 (2020 Census); 32,232 (2025 estimate)
• Residents 65 and older: 22.3%
• Median home value: $1,320,300
• Owner-occupied homes: 62.4%

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 Dana Point are heard in the probate department of Orange County Superior Court, Costa Mesa Justice Complex, 3390 Harbor Boulevard, Costa Mesa, California 92626, approximately 27 driving miles from Dana Point. Actual distance varies by starting point and route. Hackard Law’s office is in Sacramento County. The firm handles matters in Orange 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.