Practice Area
Most trusts settle quietly. Some do not. When a beneficiary cannot get an accounting, when a trustee is accused of favouring themselves, or when a family believes the trust that was signed does not reflect what the settlor actually wanted, the dispute stops being a family matter and becomes a court matter.
Trust litigation is the contested side of trust work — and it runs on deadlines that are shorter than most families expect.
Mains Law Office handles trust disputes in Orange County on both sides: representing beneficiaries who are not being told what is happening, and defending trustees who are doing the job properly and being challenged for it.
The clock that matters most starts the day a notice lands in the post — not the day the family falls out.
The 120-day deadline that ends most trust contests
If you have received a written notification from a trustee under Cal. Probate Code § 16061.7, read it carefully. By law it carries this warning:
“You may not bring an action to contest the trust more than 120 days from the date this notification by the trustee is served upon you…”
The disputes we handle
- Trustee removal — where a trustee will not account, will not distribute, or is acting for themselves.
- Compelling an accounting — and objecting to one that does not add up.
- Breach of fiduciary duty — self-dealing, favouring one beneficiary, imprudent investments, or simply refusing to keep beneficiaries informed.
- Trust contests — challenges to the validity of a trust or amendment on grounds such as lack of capacity, undue influence, or improper execution.
- Disputes between beneficiaries — including disagreements over distributions, valuations, and the sale of real property held in trust.
- Defending trustees — a successor trustee acting properly is entitled to a defence, and the trust may bear the cost of it.
How a trust dispute actually reaches court
Most trust disputes in California travel through a single door. A petition under Cal. Probate Code § 17200 is the catch-all vehicle for questions concerning the internal affairs of a trust.
Through it the court can, among other things:
- Compel a trustee to account where they have refused.
- Remove a trustee — including one who refuses to account.
- Award fees against a trustee personally, rather than against the trust the beneficiaries are inheriting.
- Instruct the trustee where the document is ambiguous and the parties genuinely disagree on what it means.
Accountings are where most disputes begin
A trustee must account at least annually to each beneficiary currently entitled to income or principal, in the form § 16062 and § 16063 require. Adult, competent beneficiaries can waive that formally under § 16064, and cooperative families often do.
When an accounting does arrive, the window to object is generally three years from receipt — shorter if a statutory bar applies. The exact window depends on the disclosure language the accounting contained and the relief being sought.
For what a compliant accounting must actually contain, see our trust accounting requirements guide.
We act for trustees as well as beneficiaries
It is worth saying plainly, because it affects who can call us.
A successor trustee who has done the job properly and is being accused of something is in a genuinely difficult position: the accusation is personal, the exposure is personal, and the trust’s money is the very thing in dispute. That trustee deserves representation as much as a beneficiary being kept in the dark does.
We take instructions from either side, subject to the usual conflict checks — we cannot act against a client, or against a trust we administer.
What it costs, and what it is worth
Trust litigation is not billed on the statutory probate fee schedule. California sets no percentage for it, so cost depends on what is actually in dispute and how far it has to travel.
We quote per matter after seeing the trust, the accounting if there is one, and the correspondence to date. Where a dispute can be resolved by letter or mediation, that is nearly always the cheaper answer, and we will tell you so.
Our published fee schedule covers estate planning packages; contested matters are quoted separately.
Frequently asked questions
I think the trust was changed while my parent was not themselves. What can I do?
Challenges of that kind — typically framed around capacity or undue influence — are brought as trust contests. The critical point is timing: if you have been served with a § 16061.7 notification, the 120-day clock is already running. Speak to someone before it closes, even if you are still gathering facts.
The trustee will not give me an accounting. Is that allowed?
Generally no, unless the beneficiaries have waived it under § 16064 or the trust says otherwise. If a trustee refuses, a § 17200 petition can compel one, and the court can remove the trustee and award fees against them personally.
Do I have to sue to get this resolved?
Often not. Many disputes resolve once a trustee receives a properly framed demand, or through mediation. Filing is a tool, not the default.
I am the trustee and I am being accused of something. Can you act for me?
Yes, subject to conflict checks. Defending a trustee who has acted properly is a normal part of this work, and the trust may bear the cost of that defence.
Is this different from trust administration?
Yes. Trust administration is the ordinary, out-of-court process of settling a trust. Trust litigation is what happens when that process is contested — though many matters begin as one and become the other.
Talk to us before the deadline, not after it
The initial consultation is free and no-obligation. Call (949) 545-6504 or email with the details pre-filled.
If you have received a notice from a trustee, bring it — the date it was served on you is the first thing we will need to know.