Trust & Probate Litigation

At Ferruzzo, our trust litigation attorneys work in concert with our estate planning, trust administration, and litigation teams to deliver winning solutions for our clients. Our litigators are experienced in handling today’s highly complex trust and estate litigation, guardianship, and conservatorship matters at both the trial and appellate levels. Our attorneys successfully represent individuals, businesses, professional fiduciaries, charitable organizations, financial institutions, and trust companies.

Our attorneys have an extensive understanding of the substantive common law and statutory requirements governing Trusts and Probate, inclusive of the California Probate Code, Principal and Income Act, and the Uniform Prudent Investor Act.

The use of trust agreements and other probate avoidance techniques are commonly implemented for families to transfer wealth to the next generation or to charities.

These techniques typically are done without any court supervision or oversight. Unfortunately, these documents are no sure-fire way to guarantee avoidance of litigation. While most trust and estate administrations proceed without conflict, there are numerous circumstances where litigation might arise or become necessary.

Ferruzzo trust litigators are knowledgeable and skilled in prosecuting and defending your matter to ensure the protection of your rights.

Our trust litigation team routinely handles matters involving claims seeking to modify or reform trust agreements, and to defend and prosecute claims seeking to invalidate trust agreements and amendments based upon allegations of fraud, undue influence, elder abuse, or lack of capacity. Further, as more inexperienced individuals are serving as trustees than ever before, disputes often arise concerning their fiduciary duties and the improper administration of the trust.

Ferruzzo’s trust litigators have expertise in the following areas that ensure zealous advocacy at the ready:
  • Trust and Trust Amendment Contests
  • Trust Accounting Disputes
  • Community and Separate Property Claims
  • Reformation of Trust Instrument
  • Beneficiary Claims
  • Trust Interpretation
  • No-Contest Clause Enforcement Actions
  • Trustee Removal and Surcharge Actions
  • Trustee Compensation Claims
  • Petition for Instructions
  • 850 Petitions to Clawback Assets
  • Partition Actions
  • Trust Misappropriation and Mismanagement
  • Surviving Spouses’ Rights
  • Contested Creditor’s Claims
  • Elder Abuse and Financial Elder Abuse
  • Elder Abuse Restraining Orders
Ferruzzo also protects family, beneficiary, and client’s rights in Probate proceedings by both prosecuting and defending clients through the probate process, which include the following areas:
  • Will Contests
  • Creditor Claims
  • Contract to Make a Will Claims
  • Surcharge and Removal Actions
  • Spousal Property Petitions
  • Estate Accounting Disputes
  • Set Aside Actions
  • No Contest Clause Enforcement Litigation