Probate Litigation
When disputes arise over wills, trusts, or estate administration, probate litigation can be complex and emotionally charged. You need an experienced legal team on your side to protect your interests, navigate the court process, and fight for a fair resolution.
At Greerty Law Group, we can handle contested estates, will challenges, fiduciary disputes, and more. We understand the sensitive nature of these cases and approach every matter with professionalism, strategic insight, and relentless advocacy.
Don’t let probate conflicts jeopardize your inheritance or your family’s future. Contact Greerty Law Group for a free consultation and get the strong legal support you deserve.
Probate Litigation
Will Contests
Disputes over the validity of a will. Common grounds include:
Lack of capacity
Undue influence
Fraud or forgery
Improper execution (e.g., missing signatures or witnesses)
Trust Disputes
Litigation involving revocable or irrevocable trusts, including:
Allegations of trustee misconduct or breach of fiduciary duty
Disputes over trust interpretation
Challenges to trust amendments
Failure to distribute assets or provide accounting
Breach of Fiduciary Duty
Claims against executors, administrators, or trustees who:
Mismanage estate or trust assets
Fail to act in the best interest of beneficiaries
Self-deal or engage in conflicts of interest
Delay administration without a good reason
Beneficiary Disputes
Conflicts between beneficiaries over:
Asset distribution
Interpretation of estate planning documents
Claims of unequal treatment or exclusion
Common types of probate litigation:
Spousal and Heir Rights
Disputes involving:
Omitted or disinherited spouses
Community property claims
Rights of pretermitted (unintentionally omitted) children or heirs
Elder Financial Abuse
Litigation based on elder abuse claims under California’s Elder Abuse Act, often involving:
Undue influence over elderly individuals
Theft or misuse of funds
Exploitation by caregivers or family members
Creditor Claims and Estate Insolvency
Challenges involving:
Disputes over the validity of creditor claims
Insolvent estates and how debts should be paid
Executor’s decision to reject claims
Accounting Actions
Beneficiaries may sue to:
Compel a fiduciary to provide a formal accounting
Object to inaccuracies or omissions in a provided accounting
Removal or Surcharge of Fiduciary
Petitions to:
Remove an executor, administrator, or trustee for misconduct or incapacity
Surcharge (financially penalize) a fiduciary for damages caused to the estate or trust
Are you interested in hiring a lawyer to represent you in trust litigation in Contra Costa County?
Call Greerty Law Group today for a free consultation.
FAQs
What is probate litigation?
Probate litigation involves legal disputes that arise during the probate process, often relating to the validity of a will, interpretation of trust documents, or the actions of an executor, trustee, or beneficiary.
When might I need to file a probate lawsuit?
You may need to pursue probate litigation if you suspect:
A will or trust was created under undue influence or fraud
An executor or trustee is mismanaging assets
You're being unfairly excluded as a rightful heir or beneficiary
There are conflicting interpretations of estate planning documents
How long does probate litigation take in California?
The timeline varies based on the complexity of the case, court availability, and whether the dispute can be settled out of court. Some matters resolve in a few months, while others may take over a year or more.
Can probate litigation be avoided?
In some cases, yes. Clear estate planning, transparent communication, and professional guidance can reduce the likelihood of disputes. However, if conflicts arise, legal action may be necessary to protect your rights and the integrity of the estate.
