Category: Trust Litigation

Janice thought it was all settled. The trust had been signed years ago, and everyone in the family believed they knew how things would be divided. But when the trustee finally shared the documents, the terms didn’t match what she’d been told. There were missing assets. New beneficiaries. No clear answers.

Trust disputes often hit hard because they’re not just about money—they’re about relationships, history, and broken expectations. When you’re a beneficiary, and something feels off, it’s easy to second-guess yourself. But silence doesn’t protect your rights. Speaking up might.

Common Reasons Trust Disputes Arise

Trusts are meant to make things simpler. But when the details aren’t clear—or someone isn’t playing fair—problems can surface quickly. These disputes can grow from quiet suspicions to major legal battles if left unaddressed.

Some of the most common triggers include:

• Vague or confusing trust language
• One beneficiary received more than others with no explanation
• A trustee who’s dragging their feet or not returning calls
• A sudden change to the trust that benefits someone close to the trust creator
• Suspicion that the trust was created under pressure, especially if it was updated late in life

You don’t have to prove anything yet to have legitimate concerns. When a trust dispute begins, it usually starts with a feeling that something just isn’t right.

What Rights Do Beneficiaries Have?

If you’re named in a trust, you have legal rights—even if you’re not sure exactly what you’re entitled to. These rights are designed to keep things fair and transparent.

Beneficiaries typically have the right to:

• Receive a copy of the trust document
• Be informed about the trust’s assets and how they’re being managed
• Receive regular updates or accountings from the trustee
• Question or challenge decisions made by the trustee
• Obtain a distribution in a timely manner

If the trustee isn’t meeting these obligations, they could be violating their legal duty. And that’s where a dispute can turn into a legal matter.

Signs Your Rights May Be at Risk

Some red flags are obvious. Others are subtle. Either way, if you notice any of the following, it may be time to take a closer look:

• The trustee refuses to share trust documents or accountings
• You’re kept in the dark while others seem to have inside information
• There are delays in distributing assets for no apparent reason
• The trust was changed shortly before the creator passed away
• The trustee appears to be benefiting personally from trust assets

Even if these signs aren’t proof of wrongdoing, they can be important clues—and they shouldn’t be ignored.

Steps to Take If You’re Concerned

If something doesn’t sit right, trust that instinct. But instead of rushing into accusations, take a few practical steps first.

• Start documenting everything. Keep copies of emails, letters, and notes from conversations with the trustee.
• Ask for information. In many cases, a direct request for an accounting or a copy of the trust will get the ball rolling.
• Don’t go it alone. Talking to a professional doesn’t mean you’re filing a lawsuit—it just means you want clarity.
• Try to stay calm. Emotions run high in these situations, especially when family is involved. Keeping communication respectful (even when it’s complicated) can protect your credibility later.

If your concerns are valid, taking early steps can make all the difference in how your situation unfolds.

When to Consider Legal Action

Sometimes, asking questions and requesting information isn’t enough. If the trustee refuses to cooperate, if you uncover evidence of mismanagement or fraud, or if the trust’s terms were manipulated through pressure or deceit, legal action may be necessary.

Filing a trust contest or a petition to remove a trustee isn’t about revenge. It’s about protecting the integrity of the trust—and making sure the person who created it is honored according to their wishes.

Legal action is rarely the first move. But when the facts point to wrongdoing, it can be the right one.

Don’t Wait to Stand Up for Your Rights

Trust disputes don’t resolve themselves. If you’re a beneficiary and something feels off, the sooner you ask questions, the better your chances of protecting your share—and your peace of mind.

You don’t need all the answers before reaching out. You just need the willingness to take that first step.

If you’re facing a trust dispute, contact Loew Law Group to speak with a California trust litigation attorney. We’re here to listen, evaluate your options, and help you move forward with confidence.

By creating a will or trust, most people assume that their assets are secure, and that their property will be distributed according to their wishes when they die. Unfortunately, this isn’t always the case. Occasionally, disgruntled family members come forward to challenge the validity of a will or trust. In California, there are several reasons that someone may challenge a will or trust. The most common allegations include that:

• The will or trust was not properly created or signed
• The person who executed the will or trust lacked the capacity to do so
• The person who executed the will or trust was induced to execute the document through fraud or undue influence

These grounds may be difficult for the contestant to prove in court.  But defending a will or trust contest can also be costly and time-consuming. One way to avoid this situation is the inclusion of a no contest clause in your will or trust. For more information on the advantages of including a no contest clause in your will or trust, please review the information below and contact an experienced estate planning attorney for assistance. 

How can a no contest clause help avoid will and trust contests?

A no contest clause discourages will and trust contests by preventing anyone who contests a will or trust without probable cause from receiving his or her inheritance.  Historically, no contest clauses discouraged many unhappy heirs and beneficiaries from filing a contest.

In 2010, however, California changed its no contest clause laws, which limited their effectiveness significantly. The changes to California’s no contest laws are retroactive, which means that they apply to all wills and trusts that became irrevocable after January 1, 2001. Under California’s current no contest law, there are only three situations in which a no contest clause shall be enforced:

• When someone directly contests a will or trust without probable cause – that is, without possession of facts that might cause a reasonable person to file a contest.
• When a creditor makes a claim and the no contest clause specifically prohibits creditor’s claims against the estate or trust assets.
• When someone challenges a transfer of property and the non-contest clause specifically prohibits a challenge to a property transfer.  This section often applies when a surviving spouse asserts that a trust asset is community property and should pass to him or her under provisions of family law.  He or she still may proceed with that claim in court, but the court may also rule that the spouse has forfeited any other gift left to them under the will or trust.

About trust and probate litigation

When a beneficiary or family member is upset with the way in which trust or estate property is distributed, this often leads to trust or probate litigation, which can be a long and costly process. “Trust and probate litigation” or “trust and estate litigation” refers to the process by which an individual who has an interest in a trust or estate brings his or her disagreement to the court for resolution. However, trust and probate litigation can often be avoided through proper estate planning. And the best way to begin the estate planning process is to contact an experienced California estate planning attorney for assistance. 

Contact our will and trust contest attorneys today

As you can see, will and trust disputes among beneficiaries are common in California. And whether the distribution plan of a will or trust is called into question, an heir or beneficiary has been disinherited, or some other controversy emerges, anyone with a will or trust runs the risk that a family member will legally challenge the document’s validity in a will or trust contest. 

At Loew Law Group, PLC, our will contest attorneys and trust contest attorneys represent clients in will and trust contests throughout San Mateo County, including Belmont, Burlingame, Foster City, Hillsborough, and Redwood City. We leverage our knowledge as estate planners to represent personal representatives and beneficiaries when a will or trust is challenged. We also frequently represent heirs or beneficiaries who believe that they have been wrongfully disinherited.  

When you become our client, we will do everything in our power to ensure that your rights will be protected. If you are a personal representative, trustee, or beneficiary of a will or trust that has been challenged, we can help you defend the challenged instrument.  On the other hand, if you feel that your inheritance has been wrongfully taken from you, we analyze the situation and determine when it may benefit you to file a contest. Finally, if you simply want to make your will and trust as strong as possible to avoid future disputes, please contact us for a consultation.