Trust & Estate Litigation

When a family disagrees over a trust, a will or an inheritance, you need attorneys who know how estate plans are built, and how they break down.

Disputes over a loved one’s estate are among the hardest a family can face. Emotions run high, relationships are at stake, and the deadlines can be short. For more than 50 years, our firm has drafted and administered trusts and estates for families across the Central Valley and the Mother Lode. That experience gives us a clear view of how these documents are supposed to work, and what to look for when something has gone wrong.

Disputes we handle

  • Trust and will contests: claims of undue influence, lack of capacity, fraud, or an improperly signed document

  • Trustee and executor misconduct: self-dealing, failure to account, mismanagement, or refusing to distribute

  • Petitions to remove a trustee or compel an accounting

  • Financial elder abuse: recovering assets taken from a parent or grandparent

  • Recovering property that belongs in a trust or estate

  • Disputes over inherited real estate, including family cabins and ranch property co-owned by siblings

  • Conservatorship disputes

  • Defending trustees and executors who are doing their job and facing unfair claims

Who we represent

We represent beneficiaries who believe something is wrong, and trustees and executors who need to protect themselves while carrying out their duties.

Deadlines matter

In California, the time to challenge a trust or will can be as short as 120 days after you receive formal notice. If you’ve received a notice from a trustee, or you suspect a problem, talk to an attorney promptly.

Resolving it the right way

Many estate disputes are best resolved through negotiation or mediation. It costs less, it’s faster, and it gives the family a chance to preserve relationships. When a fair resolution isn’t possible, we’re prepared to take the case to court. We work with forensic accountants, medical experts and other professionals when the case calls for it.

Business and real estate disputes

We also represent business owners and property owners in disputes between partners and co-owners, contract disputes, and real estate matters, in negotiation, mediation, arbitration and court.

Talk to us about your situation. Call our Modesto office at 209.521.6260 or our Sonora office at 209.533.2233.

Testimonials
Gary Dunn

“GFJ offers the ability to assess our needs and concerns quickly, define for us the potential risks, and establish a cost-effective strategy for solutions.”

- Gary Dunn | Applied Process Cooling Co.

Read more →
Victor Fiore

“We highly value the courtesy, respect, accessibility, and promptness that GFJ practices. Operating in this way has proven, in every area, to result in favorable outcomes for us. This was most notably realized recently as they have represented us in a complicated and prolonged eminent domain case with a governmental agency.”

- Victor Fiore | Center Appliance

Read more →
Randy & Emily Walker

“GFJ has provided us with legal services for over 25 years. It's great to know that our legal matters are taken care of and they are always accessible to answer our questions. I have and continue to recommend this law firm to our family and friends.”

- Randy & Emily Walker | Walkers Automotive

Read more →

FAQ

Q: How do I know if I have grounds to challenge a trust or will?

Common grounds include undue influence (someone pressured or manipulated your loved one), lack of mental capacity when the document was signed, fraud, or a document that wasn’t signed or changed properly. Being disappointed with your share isn’t enough on its own. We’ll review the facts with you and give you an honest assessment.

Q: How long do I have to act?

It depends on the situation, and some deadlines are short. After a trustee serves formal notice, you generally have 120 days to contest the trust. Will contests and claims against a trustee have their own deadlines. If you’ve received a notice or suspect a problem, talk to an attorney promptly.

Q: If I challenge the trust, could I lose my inheritance?

Many trusts and wills include a “no-contest” clause that penalizes beneficiaries who challenge them. Under California law, these clauses apply only in certain situations, and generally not when a challenge is brought with reasonable cause. We’ll evaluate that risk before you take any step.

Q: The trustee won’t tell me anything. What can I do?

Trustees have a legal duty to keep beneficiaries reasonably informed and to provide accountings. If a trustee refuses, the court can order an accounting and, in serious cases, remove the trustee.

Q: Do these disputes always end up in court?

No. Many are resolved through negotiation or mediation, which is usually faster, less expensive and easier on family relationships. When a fair resolution isn’t possible, we’re prepared to go to court.

Q: I’m a trustee and a family member is accusing me of wrongdoing. Can you help?

Yes. We represent trustees and executors as well as beneficiaries. Getting advice early, and keeping good records, is the best protection.

Q: What will it cost?

Every case is different. At your first meeting we’ll explain how we charge, what to expect, and options for resolving the dispute efficiently.