Trust and Probate Litigation

The use of Trust Agreements and other Probate avoidance techniques are commonly used for families to transfer wealth to the next generation and charities. These techniques typically are done without any court supervision or oversight. Ferruzzo trust litigators handle matters involving claims related to the formation of trust agreements and amendments, fraud, undue influence, coercion, and lack of capacity issues. More individuals are serving as trustees than ever before, and with inexperienced individuals serving as trustees, disputes often arise concerning their fiduciary duties. Our litigators regularly handle trust disputes that include the following areas:

  • Trust and Trust Amendment Contests
  • Trust Accounting Disputes
  • Community and Separate Property Claims
  • Reformation of Trust Instrument
  • Beneficiary Claims
  • Trust Interpretation
  • No-Contest Clause Enforcement Actions
  • Trustee Removal and Surcharge Actions
  • Trustee Compensation Claims
  • Petition for Instructions
  • Trust Misappropriation and Mismanagement
  • Surviving Spouses’ Rights
  • Contested Creditor’s claims
  • Elder Abuse and Financial Elder Abuse

Ferruzzo attorneys are experienced in handling today’s highly-specialized Trust and Estate litigation, guardianship, and conservatorship matters at both the trial and appellate levels. Our attorneys have successfully represented individuals, businesses, professional fiduciaries, charitable organizations, financial institutions, and trust companies.

Our attorneys have an extensive understanding of the substantive common law and statutory requirements governing Trust’s and Probate. Moreover, they have a strong understanding of the California Probate Code, Principal and Income Act, and the Uniform Prudent Investor Act. Our Trust and Probate litigators help clients through all stages of a dispute, from Pre-litigation decisions through a final resolution either by trial or settlement.

Ferruzzo also protects family and client’s rights in Probate proceedings by both prosecuting and defending clients through the probate process, which include the following areas:

  • Will Contests
  • Post-Death Property Disputes
  • Surcharge and Removal Actions
  • Estate Accounting Disputes
  • No Contest Clause Enforcement Litigation