Trust, Fiduciary and Inheritance Litigation
Overview
Disputes involving trusts, estates and inheritances are rarely just about money. They often arise amid deeply personal family relationships, competing expectations and long-standing grievances. Whether the conflict involves beneficiaries, trustees, executors, conservators, agents, guardians, stepparents, siblings or other family members, these matters require attorneys who understand both the legal and human dynamics at play.
Ervin Cohen & Jessup (ECJ) has one of Southern California’s largest teams of experienced litigators who devote a substantial portion of their practices to trust, fiduciary and inheritance disputes. Unlike general civil litigators who occasionally handle probate matters, ECJ’s attorneys have extensive experience navigating the specialized procedures, remedies and evidentiary issues unique to probate court and trying these cases from start to finish. Many of these matters also involve trusts that own or hold interests in closely held businesses, requiring litigation that extends beyond probate and trust proceedings to related civil claims involving breach of fiduciary duty, business dissolution, derivative claims and other corporate disputes. ECJ’s depth in both probate and civil litigation enables the firm to develop a coordinated strategy across these interconnected matters. The firm’s litigators are supported by a separate team of highly experienced trust and estate attorneys, many with significant litigation backgrounds of their own. This integrated approach allows ECJ to address both litigation strategy and the tax, estate-planning and fiduciary considerations that can determine the ultimate value of a resolution.
Most trust and estate disputes resolve through negotiation or mediation following targeted discovery. ECJ approaches settlement with the same preparation and discipline it brings to trial, ensuring clients are positioned to achieve the best possible result while remaining prepared to litigate through trial and, when appropriate, appeal. Because probate courts have broad equitable powers, successful resolutions may involve creative remedies and tax-sensitive structures that benefit multiple beneficiaries, not simply a payment from one side to another.
ECJ also emphasizes efficient, strategic case management. The firm tailors staffing to the needs of each matter, uses targeted discovery and litigation budgets, and counsels clients from the outset regarding potential costs, alternatives and strategic exit points. When a case demands greater resources, ECJ has the depth to respond while maintaining a practical focus on value.
Types of matters handled
- Trust and will contests (aka inheritance disputes) often based on lack of capacity and undue influence claims
- Breach of trust or fiduciary duty claims
- Financial elder abuse claims
- Fiduciary accounting disputes
- Trust and estate property ownership and title disputes (aka Section 850 petitions and Marvin claims)
- Actions to remove the Trustee
- Contests to appointment of personal representative of estate
- Challenges to beneficiary designations
- Actions to enforce No Contest Clauses
- Beneficiary disputes (often over differences in asset allocations)
- Conservatorship-related litigation concerning elder’s capacity to make decisions
- Creditor claims involving trusts and estates
- Appeals of probate court orders (all of the above)
