Resolving Trust, Estate And Probate Disputes Through Skillful Litigation

Unfortunately, even the most carefully created estate plans and trusts can create disputes. When such disputes are unable to be resolved outside of the courtroom, an attorney experienced in estate or trust litigation is crucial to ensure that your interests are protected.

At Temmerman, Cilley & Kohlmann, LLP, our lawyers are prepared to assist both beneficiaries and other interested parties when such disputes arise. We are well-versed in the laws governing estates and trusts in California. As experienced litigators, we know the special issues presented in trust litigation and how to aggressively advocate for the rights of our clients.

Experience In A Wide Array Of Trust And Estate Litigation Matters

We are prepared to take on a broad range of trust and estate litigation matters, as well as probate litigation:

  • Challenges to the validity of a will or trust or interpretation of one or more estate planning documents
  • Disputed conservatorships
  • Actions by a trustee
  • Fiduciary or beneficiary representation
  • Allegations against a trustee for breach of trust or breach of fiduciary duty
  • Elder abuse allegations against a beneficiary or trustee
  • Donative transfer statute disputes
  • Trust and/or conservatorship accounting disputes
  • Removal and/or replacement of a trustee
  • Appointment of a private professional fiduciary or corporate trustee
  • Compensation of a fiduciary
  • Duties of an attorney-in-fact or agent
  • Beneficiary rights under a decedent's existing or intended estate plan
  • Discovery disputes
  • Avoidance of an anticipated dispute via facilitation of an open but controlled dialogue among the parties

In an estate or trust dispute, the right to receive significant property may be at stake. No matter the direction your case may take, our attorneys can protect your interests while working to resolve the dispute.

Guidance Throughout Every Aspect Of Trust Litigation

A trustee is designated to distribute trust assets for the benefit of the beneficiaries of the trust. Trustees have several legal duties to uphold, including to exercise due care and make decisions in the best interests of all parties, to invest trust assets in accordance with California law and to distribute assets according to the parameters established within the trust itself. With multiple considerations to account for, our attorneys can help ensure that a trustee meets these duties.

When a trustee fails to fulfill his or her duties, it often is up to the beneficiaries to correct the situation. An attorney helps beneficiaries determine which of the many available remedies, including injunctions, receiverships and removal of the trustee, is best for their situation.

Beneficiaries may also have to litigate to change the provisions of the trust itself. While knowledgeable attorneys may attempt to address every possible eventuality when drafting a trust, events may occur that the trust's creator never anticipated. When this happens, beneficiaries must petition the court with the help of an attorney to modify or end the trust.

While some of these issues may be resolved outside of court, litigation is often required. This is especially true if the trust involved is irrevocable or the creator of the trust has died. In either case, an experienced lawyer can assist in resolving trust disputes in or out of court. Our trust attorneys offer litigation services as well as alternative dispute resolution counseling.

Contact Our Experienced Trial Attorneys

Our estate litigation attorneys have experience representing beneficiaries, settlors, trustees and third parties throughout Northern California during trust disputes and litigation. Consult with a member of our experienced legal team by scheduling an appointment at our San Jose or Danville offices. Call us at 408-780-1912 or reach out to us online.