Trusts and estates litigation takes many forms. Disputes may arise involving an estate plan or the administration of a trust, probate, or conservatorship estate. Often, the disputes are deeply personal in nature as they may involve the death or decline of family members or loved ones. Our dedicated team of Trusts and Estates litigators understands the multi-faceted layers of complexity of these disputes and assists with a full range of trust and probate controversies.
These disputes often require specialized knowledge and expertise of the Probate Code and Probate Court procedures. Our trusts and estates litigators assist clients with elder financial abuse claims, contested conservatorships, defense and initiation of will and trust contests, interpretation disputes concerning complex estate planning documents, including, but not limited to reformation of instruments, modification or termination of trusts, disputes over ownership of assets in which an estate, trust, or conservatorship may have an interest, including, but not limited to a contract to make a will claims; accounting, financial, and tax disputes; removal or appointment of fiduciaries; fee disputes; administration issues; community property disputes; and breach of fiduciary duty claims.
Within this category of services we represent a broad spectrum of clients, including individual and corporate fiduciaries, in their capacities as trustees, personal representatives, special administrators, conservators, and guardians. We also represent beneficiaries, creditors, and other interested persons in trust, probate, conservatorship, and elder financial abuse matters.
Weintraub Tobin Trusts & Estates litigators Daniel Kim, Lily Harris, and Madeline Giles successfully defended against a request for a three-year elder abuse restraining order brought against their client. In late May of this year, their client was served with a temporary elder abuse restraining order by her cohabitant. Based on the temporary restraining order,…
On Thursday, August 1, 2024, the Weintraub Tobin Trusts and Estates litigation team won on a motion in Marin County to have a pro se party declared a vexatious litigant. A victory against serial litigators, the order puts the party on a list maintained by the California courts, and requires…
Weintraub shareholder Daniel C. Kim prevailed in a 2-day trial before the Yolo County Superior Court relating to his trustee-client’s petition to sell trust property. The Respondent, one of the trust settlors’ five children, refused to vacate the 54-acre mixed-use property at issue, demanding that the trustee agree to a…
As trusts and estates litigation counsel, we often have matters where a fiduciary, either as a trustee, conservator, personal representative, or agent under a power of attorney, fails to provide financial information when properly requested, or to provide an accounting if one is required under law. The result is that…
First, what is a contract to make a will? A contract to make a will is exactly as it sounds. It is an agreement to provide for a person as part of a decedent’s will. The terms of the agreement could be as simple as a promise to provide services…
