Estate Litigation

Trust and Probate Litigation Services | Wickers, Wickers and Admans, LLP — Serving Clients in Estate and Trust Disputes in California

Estate and trust disputes can create significant legal and emotional challenges. Litigation involving probate estates, trusts, wills, and fiduciary duties often requires strategic legal guidance to protect client interests and achieve practical resolutions.

Disputes may arise during probate or trust administration and can involve issues such as:

  • Removing a trustee for breach of fiduciary duty

  • Compelling accountings and financial transparency

  • Addressing conflicts of interest or improper transactions

  • Recovering wrongfully transferred assets

  • Resolving allegations of financial elder abuse

  • Seeking court intervention to protect estate assets

Our firm represents both beneficiaries and trustees in estate-related litigation. For trustees, we provide defense of fiduciary actions and counsel to promote compliance and transparency. For beneficiaries, we pursue remedies designed to protect inheritance rights and the integrity of estate assets.

We prioritize resolution through negotiation, mediation, and alternative dispute resolution whenever possible. When litigation is necessary, we provide comprehensive representation from case inception through trial and appellate proceedings.

Estate disputes often intersect with family dynamics and emotional considerations. We focus on solutions that align with client objectives and the decedent’s intentions, seeking agreements that protect beneficiaries and promote efficient resolution.

No-contest clauses and safe harbor petitions may affect litigation strategy. Recent changes in enforcement of no-contest clauses (effective May 26, 2022) limit enforcement to direct contests brought without probable cause and expressly barred actions. Legal advice is essential to evaluate the impact of these provisions in specific cases.

Will and Trust Challenges

Courts may set aside or invalidate wills and trusts on grounds such as:

  • Lack of testamentary or contractual capacity

  • Undue influence

  • Fraud, duress, or coercion

  • Mistake of fact

  • Improper execution or formal defects

Challenging estate documents requires factual investigation and legal analysis to determine the viability of claims and available remedies.

Elder Abuse and Financial Exploitation

Financial elder abuse claims can invalidate wrongful transfers and estate documents. Early legal consultation helps preserve evidence and remedies.

Access to Trust Documents and Accountings

Beneficiaries are entitled to information regarding trust administration. If a trustee refuses to provide documents or accountings, legal remedies may include:

  • Demand letters and informal resolution

  • Petitions for accounting

  • Petitions for breach of fiduciary duty

  • Court orders compelling disclosure

Trustee Resignation and Removal

Trustee disputes may sometimes be resolved voluntarily through resignation after concerns are addressed. When informal resolution fails, legal actions may include petitions for removal, accountings, and surcharge claims for improper expenditures or fiduciary breaches.

Protecting legacies and resolving disputes requires informed legal strategy.

Contact Wickers, Wickers and Admans, LLP for guidance in probate and trust litigation matters. We assist clients in navigating complex estate disputes.

Our attorneys help clients understand their rights, evaluate their options, and develop a strategy.

📞 Call today for clarity before or after conflict: (310) 540-2520

Contact Us