Wills and Trusts Litigation

Here at Gomez Law, APC, there is no will and trust litigation issue that we cannot tackle on your behalf. Whether you are looking to contest the will of a loved one, assert your rights as a beneficiary, or bring about an action for fraud and undue influence, we will have your back.

After a thorough review of your matter, our litigation attorneys will not only present to you the best and most realistic outcomes in your case, but they will also represent your best interests and fight for those outcomes on your behalf.

Common Trust Litigation Matters

·       Breach of Fiduciary Duties

Under Ca. Probate Code §16420, if a trustee commits a breach of trust, the beneficiary or co-trustee of the trust may commence a proceeding for any of the following purposes: (1) to compel the trustee to perform their duties; (2) to stop the breach of the trustee’s duties; (3) to compel the trustee to redress their breach by payment of money or otherwise; (4) to appoint a receiver or temporary trustee to take possession of the trust property and administer the trust; and (5) to remove the trustee altogether.

·       Fraud, Duress, and Undue Influence
Also under Ca. Probate Code §16420, an action can be commenced if the trustee commits or even threatens to commit fraud, duress, or undue influence.

·       Lack of Capacity
Under Ca. Probate Code §810, all persons generally have capacity to make decisions, but that capacity may be at stake when there is some mental or physical defect inhibiting a person’s ability to do so. Incapacity can be argued, but is difficult to prove. Leave it to the experts at Gomez Law, APC, to put the best argument forward when you have reason to believe that your loved one did not have capacity to draft the will or trust in the manner that is presented.

·       Forgery
Under Ca. Probate Code §21310, the entire validity of a will or trust can be contested if any portion including the signature is found to be forged.

Common Probate Litigation Matters

·       Contested Wills
Under Ca. Probate Code §6110, a person may contest a will if formalities in the formation of the will were not strictly adhered to. For example, i.e. the testator did not sign the will; someone signed or drafted the will on behalf of the testator; there were no proper witnesses to the will.

·       Breach of Executory Duties

Under Ca. Probate Code §8502, if an Executor breaches their duties, they can be removed from the position of Executor of the Will. They can even be forced to pay compensatory, punitive, and treble damages depending on the severity of their actions. Estate Administration

·       Will Interpretation
Under Ca. Probate Code §21120, “the words of an instrument are to receive an interpretation that will give every expression some effect, rather than one that will render any of the expressions inoperative. Preference is to be given to an interpretation of an instrument that will prevent intestacy or failure of a transfer, rather that one that will result in intestacy or failure of a transfer.” In this way, it might be important to look to the different ways each clause in a will may be interpreted.

These issues can be rather complex, and they are best left to professional attorneys who see and handle these issues every day. If any of the above issues apply to you or a loved one, contact Gomez Law, APC today for your free consultation.