Trust & Estate Litigation

Overview

When families face disputes over trusts, wills, or estates, the emotional stakes are high. At Capielo Law Group, we understand that these conflicts often involve not just legal rights but deeply personal relationships. We approach each matter with sensitivity while providing the vigorous advocacy our clients deserve.

Our litigation practice covers the full spectrum of trust and estate disputes, from will and trust contests to breach of fiduciary duty claims. We have the experience to handle complex, high-value matters and the judgment to know when litigation is necessary and when resolution through negotiation or mediation better serves our clients.

We represent both those seeking to enforce the terms of estate plans and those challenging improper conduct. Our goal in every case is to achieve the best possible outcome efficiently, whether that means aggressive courtroom advocacy or creative settlement negotiations.

How We Help

• Will and Trust Contests
• Breach of Fiduciary Duty Claims
• Trust Interpretation Disputes
• Trustee Removal and Surcharge Actions
• Contested Accountings
• Undue Influence and Lack of Capacity Claims
• Elder Financial Abuse Litigation
• Creditor Claims and Defense
• Beneficiary Representation
• Fiduciary Representation and Defense

Frequently Asked Questions

What are grounds for contesting a will or trust?

Common grounds include lack of mental capacity (the person didn't understand what they were signing), undue influence (someone improperly pressured them), fraud, forgery, or improper execution of the document. Time limits apply to these claims, so it's important to consult an attorney promptly if you have concerns.

What is a breach of fiduciary duty?

Trustees and executors owe fiduciary duties to beneficiaries, including duties of loyalty, prudent investment, impartiality, and accurate accounting. A breach occurs when a fiduciary violates these duties — for example, by self-dealing, failing to diversify investments, or refusing to provide accountings.

Can a trustee be removed?

Yes. California law allows courts to remove a trustee for breach of trust, failure to administer the trust properly, unfitness, hostility to beneficiaries, or other good cause. The court may also remove a trustee if there has been a substantial change in circumstances.

How long does trust litigation typically take?

Timeline varies significantly based on complexity and whether the case settles. Simple matters may resolve in months; complex contested cases can take one to three years or more if tried. Many cases settle through mediation, which can significantly shorten the timeline.