Estate Litigation / Trust Litigation

Trust & Estate Litigation in San Jose, Santa Cruz, and the Monterey Peninsula

The trust and estate litigation attorneys at Penrose Chun & Gorman LLP represent trustees, personal representatives, administrators, conservators, beneficiaries and other parties in all types of trust and estate disputes. We represent clients in mediations, arbitrations, trials and appeals throughout the greater San Jose, Santa Cruz and Monterey Peninsula areas.

Our representation includes, but is not limited to:

  • Will or Trust Contests
  • Allegations of Incapacity/Undue Influence/Elder Abuse
  • Disputes regarding the Interpretation of Trust Provisions
  • Accounting Disputes
  • Surcharge of a Trustee
  • Removal of a Fiduciary
  • Recovery of Assets
  • Disputes of Community Property/Quasi-Property Rights
  • Title Disputes

Trust and estate litigation matters are particularly sensitive, especially when the dispute involves family members. The grief suffered over the recent loss of a loved one often creates tension among family members, and this tension can lead to misdirected anger and ultimately a lawsuit. Long dormant family disputes may arise and trigger intra-family conflict. Many trust, estate, and probate disputes are actually disputes over family relationships as much as they are disputes over property.

Common Causes of Trust and Estate Disputes

A dispute may arise for a variety of reasons, usually because of dissatisfaction with the decedent’s estate plan. This frequently happens when an heir is disinherited, or receives a smaller share of the estate than he or she anticipated. This can also occur in second marriage scenarios when the decedent’s children are at direct odds with a stepparent.

Disputes frequently arise over the construction and validity of an estate planning document, or over allegations of fraud, coercion or undue influence. Disagreements are also common between beneficiaries of a trust or estate and a fiduciary. Family members may disagree over who should act as the fiduciary, or the beneficiaries may be concerned about financial decisions or investments made by the fiduciary. Concerns over potential conflicts of interest, whether real or imagined, often lead to litigation, particularly when the fiduciary is also a beneficiary.

Experienced Trust and Estate Litigation Representation

Our trust and estate litigators have the knowledge, experience and advocacy skill necessary to successfully resolve your trust and estate dispute. Please contact Penrose Chun & Gorman LLP for a consultation regarding your trust and estate litigation matter.

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