Experienced Trust Litigation Attorneys in Los Angeles
Are you facing a dispute over a trust, will, or estate? At Catanese & Wells, our Los Angeles-based estate litigation attorneys bring over 30 years of courtroom experience to complex probate and trust matters. Whether you’re a trustee under scrutiny or a beneficiary fighting for your rightful inheritance, our firm is here to protect your interests. We serve clients throughout Los Angeles County – from Beverly Hills to Westlake Village – with discretion, strategy, and results.
The Trust and Estate Litigation team at our law firm have successfully assisted clients in and out of court with their estate disputes since 1989 when the law firm was established.
Unlike civil disputes where a jury is available to redress a dispute, in most estate litigation cases the dispute is decided by a judge and not by a jury. Accordingly, it is very important that the lawyer understand not only the particulars of estate planning, but most importantly what is required to prevail in a court action before a judge. The estate and trust litigation attorneys at Catanese & Wells have the experience and the ability to represent clients who are trustees, beneficiaries, third parties and fiduciaries in all manner of estate disputes that may come before the court.
Our clients are varied in the realm of estate litigation. We have helped everyone from high-net-worth individuals to non-profit organizations. A lot of our clients are big names in the public eye, and we appreciate them putting their trust in our estate attorneys to not only protect their rights but maintain their privacy to the best of our abilities.
Trust Litigation vs. Estate Litigation: Where Does Your Dispute Fit?
The terms trust litigation and estate litigation are often used together because the disputes can involve many of the same people, assets and allegations. The difference is usually the legal structure at the center of the conflict.
Trust litigation involves disputes concerning a trust, its validity, its interpretation or the way a trustee is administering it. A beneficiary may claim that a trustee has failed to distribute assets, withheld information, improperly favored another beneficiary or used trust property for personal benefit. Trustees may also need representation when beneficiaries challenge legitimate decisions or accuse them of wrongdoing.
Estate litigation generally involves disputes arising during the administration of a deceased person’s estate. These cases can involve the validity of a will, actions taken by an executor or personal representative, competing inheritance claims, creditor claims or disagreements over the distribution of estate property.
The two can overlap. A family dispute may involve a will, one or more trusts, beneficiary designations, property transfers and allegations concerning conduct that occurred before and after the person’s death. Determining which claims should be brought, against whom and in which proceeding is an important early part of the case.
Common Reasons for Seeking out a Trust Lawyer
It is important to contact estate lawyers at the proper time. Some common issues that can bring about the need for a trust litigation attorney or probate lawyer include:
- Inheritance Disputes Amongst Children
- Trust Litigation Disputes
- Trustee Breaching Fiduciary Duty
- Power of Attorney Abuse
- Embezzlement
- Undue Influence
Estate litigation is based on state law. The trust litigation attorneys at the firm represent clients throughout the state of California including Santa Barbara, Ventura, Los Angeles, Orange and San Diego counties.
Trust Litigation Attorneys Serving Los Angeles and Westlake Village
Catanese & Wells is located in Westlake Village and represents trust and estate litigation clients throughout Southern California, including:
- Los Angeles
- Westlake Village
- Beverly Hills
- Malibu
- Thousand Oaks
- Ventura
- Santa Barbara
- Orange County
- San Diego County
For someone searching for a trust attorney in Westlake Village, location can be convenient, but the more important question is whether the lawyer has experience in the type of dispute you are facing.
Trust and estate cases can cross county lines. The deceased person’s residence, the location of an existing probate proceeding, administration of the trust and other facts can affect where a dispute belongs. A Westlake Village resident, for example, should not assume that the geographic location of the attorney or a beneficiary necessarily determines where litigation will occur.
Because Catanese & Wells handles matters throughout Southern California, we can evaluate the dispute based on the legal and factual issues rather than limiting representation to a single courthouse or community.
Why Experience in Probate Court Matters
Trust and estate litigation differs in important ways from ordinary civil litigation.
The cases often involve fiduciary standards, specialized probate procedures, detailed financial histories and relationships governed by documents created years or decades earlier. Judges frequently must determine not only what occurred but what a deceased or incapacitated person intended.
T. Randolph Catanese has tried estate disputes to final judgment before trial judges in major counties throughout Southern California. Attorneys at the firm also regularly handle contested probate matters and have substantial experience with mediation and negotiated resolution.
Mr. Catanese was also a co-founder of the Conejo Valley Estate Planning Council, an interdisciplinary professional organization that includes attorneys, accountants, bankers, professional trustees, certified financial planners and wealth advisors.
That exposure to the financial and fiduciary issues surrounding substantial estates can be particularly valuable when litigation involves business interests, significant investments, real property or complicated asset structures.
What Sets Catanese & Wells Trust Litigation Lawyers Apart?
There is no substitute for having handled these disputes before. Since 1989, Catanese & Wells has represented clients in will and trust contests, trustee and beneficiary disputes, breach of fiduciary duty claims, elder abuse matters, contested conservatorships, constructive trust claims, omitted heir disputes and other complex probate litigation.
That experience shapes how we approach a case from the beginning.
We look for the issues that could determine the outcome before unnecessary litigation expense accumulates. We evaluate whether additional information could change the strength of a claim. We consider whether mediation is likely to produce a meaningful result. And when consensual resolution is not practical, we are prepared to present the client’s case before the court.
Our clients have included families, fiduciaries, high-net-worth individuals, nonprofit organizations and people in the public eye. Many place a premium not only on the legal result but on how the dispute is handled.
Our commitment is to provide experienced representation while preserving as much privacy and discretion as the circumstances allow.
The Trust Litigation Process in Los Angeles
Trust litigation can be a complex process, often requiring legal intervention to resolve disputes over the administration and distribution of trust assets. Here is an overview of what to expect during trust litigation in Los Angeles:
- Identifying the Claims and Parties Trust litigation often arises when beneficiaries believe a trustee has mishandled assets, failed to comply with the terms of the trust, or engaged in self-dealing. Other common disputes involve accusations of undue influence or fraud in the creation or modification of the trust, or concerns over the validity of the trust itself due to the settlor’s mental incapacity at the time of signing.
- Filing a Petition in Probate Court To initiate trust litigation, a formal petition must be filed with the Los Angeles County Probate Court. The petition should clearly outline the legal issues in dispute and the remedies being sought. Depending on the nature of the conflict, this could include removing a trustee, recovering mismanaged assets, or seeking an accounting of the trust’s financial activities.
- Serving Notice to Interested Parties Once the petition is filed by your Los Angeles estate attorney, the trustee and all other interested parties (such as beneficiaries and co-trustees) must be served with notice of the legal action. These parties are entitled to respond to the petition and defend their interests in court.
- Discovery Phase In the discovery phase, both sides gather and exchange relevant information and evidence. This may involve document requests, depositions, and subpoenas for financial records. Discovery is crucial to building a strong case and often uncovers information that is pivotal to resolving the dispute.
- Negotiations and Mediation Before proceeding to trial, many trust disputes in Los Angeles are settled through negotiation or mediation. Mediation offers an opportunity for the parties to reach a mutually acceptable agreement, potentially avoiding the time and expense of a full court trial.
- Court Proceedings If the parties cannot reach a settlement, the case will proceed to trial in probate court. During the trial, both sides’ trust attorneys present their evidence, and the judge makes a ruling based on the facts and California trust law. Court decisions may include removing or replacing the trustee, ordering a new accounting, or voiding certain trust provisions.
- Enforcing the Judgment If the court issues a judgment, it is legally binding. In some cases, enforcement measures may be necessary to ensure the trustee complies with the court’s orders, particularly if the judgment involves the return of assets or changes to the trust’s administration.
- Appeals In certain cases, one or both parties may appeal the court’s decision. Appeals can prolong the litigation process but offer a chance for reconsideration if there were legal errors in the original trial.
Trust Litigation Expertise in Los Angeles and Westlake Village
Given the complexity of trust litigation, working with an experienced Los Angeles trust litigation attorney familiar with California trust law is crucial. A knowledgeable lawyer can guide you through each step of the process, advocate for your rights, and help ensure a fair resolution. Whether you are a trustee facing a challenge or a beneficiary seeking justice, trust litigation demands careful attention to detail and a strategic approach.
Related Disputes We Handle in Trust and Estate Litigation
Trust and estate litigation in California often involves more than just the basic contest of a trust or will. At Catanese & Wells, our Los Angeles trust litigation attorneys have deep experience resolving a wide range of disputes that can arise during probate and trust administration. Understanding these common issues can help you better protect your rights and know when to seek legal guidance.
Will Contests and Invalid Wills
A will contest may arise when family members or other interested parties believe that a will does not accurately reflect the true intentions of the deceased. Grounds for contesting a will include undue influence, lack of capacity, fraud, or improper execution. Our estate litigation lawyers in Los Angeles guide clients through the process of challenging or defending the validity of a will in probate court.
Trustee Misconduct and Breach of Fiduciary Duty
Trustees are legally obligated to act in the best interests of beneficiaries and manage trust assets responsibly. When a trustee misuses funds, fails to provide adequate accounting, or acts in their own interest, beneficiaries can take legal action for breach of fiduciary duty. Our team has extensive experience removing unfit trustees and recovering mismanaged assets.
Undue Influence and Elder Financial Abuse
Elder financial abuse and undue influence are serious concerns in estate and trust matters. Elderly individuals may be manipulated into changing their will or trust to favor certain parties unfairly. We help clients challenge suspicious changes to estate documents and work to protect vulnerable family members from exploitation.
Omitted Spouse and Omitted Child Claims
California law provides rights for spouses and children who have been unintentionally omitted from a will or trust. These “omitted heir” claims can be complex and often require skilled litigation to secure a fair inheritance. Our lawyers can help assert these rights and resolve disputes with other heirs or trustees.
Conservatorship Disputes
When an individual can no longer manage their personal or financial affairs, the court may appoint a conservator. Disputes can arise over the appointment of a conservator or allegations that a conservator is not fulfilling their duties properly. Our probate litigation attorneys handle contested conservatorships to protect the interests of vulnerable family members.
Creditor Claims Against Estates and Trusts
Creditors may assert claims against an estate or trust to recover debts owed by the deceased. Beneficiaries and fiduciaries often need legal representation to resolve these claims fairly and prevent creditors from taking more than they are entitled to under California law.
Estate Litigation Filings in California
Per the 2023 Court Statistics Report provided by the Judicial Council of California, here are how many estate litigation cases were filed in the previous year by location:
- Los Angeles, including Westlake Village: 12,248
- Santa Barbara: 483
- Ventura: 687
- San Bernadino: 2,728
- San Diego: 2,428
So, you can see that you are not alone. If you have any questions about estate litigation in Westlake Village, Santa Barbara, Los Angeles, Thousand Oaks, Ventura. Malibu, or surrounding areas, we are experts in California law and our team is here to help.
Frequently Asked Questions About Trust Litigation in Los Angeles
What can I do if a trustee will not provide information about the trust?
A beneficiary who cannot obtain meaningful information about trust assets or administration should have the situation reviewed before assuming that nothing can be done. Depending on the circumstances, a beneficiary may be able to seek information, an accounting or court intervention. The appropriate response depends on the trust terms, the information already provided and the trustee’s conduct.
When should I hire an estate litigation attorney in Los Angeles?
You should consult an estate litigation attorney if you suspect misconduct by a trustee or executor, believe a will or trust was created under undue influence, or if you are an omitted spouse or child seeking your rightful inheritance. Acting quickly can help prevent further loss of assets and protect your legal rights under California probate law.
How long does trust or estate litigation take in California?
The length of trust or estate litigation varies based on the complexity of the case and the willingness of parties to settle. Simple disputes may resolve within a few months, but cases involving multiple heirs, contested assets, or allegations of fraud can take a year or more. Your Los Angeles trust litigation lawyer can help you understand the expected timeline for your unique situation.
Does filing a trust lawsuit mean the case will definitely go to trial?
No. Filing a petition may be necessary to obtain information, preserve rights or place the dispute before the court, but many cases are ultimately resolved through negotiation or mediation. The possibility of trial remains important because meaningful settlement often depends on both sides understanding what could happen if the case is actually decided by a judge.
Can I contest a trust in California if I’m a beneficiary?
Yes. Beneficiaries have the right to contest a trust if they believe it was created under fraud, undue influence, or if the trustee is mismanaging trust assets. A successful trust contest can result in removal of a trustee, modification of trust terms, or recovery of misused assets. Our estate litigation attorneys have decades of experience handling trust contests across Los Angeles County.
Can a California court remove a trustee?
Yes, removal can be one potential remedy in a trust dispute. However, disagreement with a trustee does not automatically justify removal. Courts consider the underlying conduct and circumstances. Allegations involving serious breach of fiduciary duty, misuse of assets or failure to administer the trust properly may support a request for removal, while a trustee accused unfairly may have grounds to defend remaining in the position.
What are the most common reasons for trust and estate disputes?
Some of the most common reasons include:
- Breach of fiduciary duty by a trustee or executor
- Disagreements among heirs or beneficiaries
- Claims of undue influence or elder financial abuse
- Invalid wills or trust documents
- Omitted spouse or child claims
- Creditor claims against the estate
Our firm helps clients address these disputes quickly and discreetly to protect family relationships and preserve assets.
Is mediation worthwhile regardless of the estate value?
It can be. Mediation allows the parties to evaluate potential resolutions that a court may not be able to structure in exactly the same way. It can also reduce litigation expense and uncertainty. Whether mediation makes sense, and when it should occur, depends on how much evidence has been developed and whether the parties have enough information to assess their positions realistically.
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