Probate & Trust Litigation

We practice in all areas of probate and trust litigation including:

  • Litigation cases that arise from Probate and Trust administration
  • Distribution of estates
  • Conservatorships
  • Guardianships
  • Will and trust contests
  • Heggstad Petitions
  • Suspension or removal of trustees, executors and conservators
  • Compelling accounting by fiduciaries
  • Breach of fiduciary duties
  • Termination or reformation of trusts

We work closely with our clients in two distinct ways concerning probate estates, living and testamentary trusts, conservatorships (involving impaired adults) and guardianships (involving minors). To begin with, we handle the creation, administration and distribution of all of these types of estates and relationships, which are governed by the California Probate Code. Then, as circumstances warrant, and to an increasing degree, we call upon nearly half a century of experience in protecting our clients’ interest in initiating or defending contested proceedings.

Our Probate Litigation attorneys can help you answer common questions related to will, trusts, and estates, such as when it is appropriate to file a will contest or a trust contests; and whether you can have a dishonest or incompetent executor or trustee removed. Our goal for every client is to achieve a just result, as expeditiously and inexpensively as possible. If this is achievable out of court, we will go about it in this way; otherwise, our probate attorneys are always ready to defend your rights in litigation.

The top goal of FMBK’s Probate and Trust Litigation Department is to get excellent results for our clients, whether in negotiation or contested litigation. With our unique specialization in crossover matters between probate and family law, our first-rate service and years’ worth of experience, we can help effectively prosecute or defend our clients’ positions.