Trust and Probate Litigation

Trust and Probate Litigation encompasses a variety of lawsuits that may arise concerning the creation and the administration of a Trust or Will. Trust and Probate Litigation can consist of disputes ranging from the traditional disputes concerning allegations of lack of capacity and the undue influence in the creation of the Trust, to revoking of a Will, to lawsuits seeking the removal of the Trustee or Executor, to recovering assets in an estate, seeking a Judicial determination as to apportionment of taxes, seeking the forfeiture of Trustee fees, seeking a resolution of Trust Accounting disputes, and seeking damages from a Trustee due to improper Trust management. The Trustee, Executor, beneficiaries, family members, and previously designated heirs can find themselves embroiled in hotly contested and complex litigation. At best, disputes are costly disruptions. At worst, they are a threat to the financial and emotional well being of all concerned.

At Kossler & Associates our attorneys have litigated cases throughout California including the following issues:

• Trust contests
• Claims of lack of capacity
• Claims of undue influence
• Claims of forgery
• Actions by and against trustees for breach of fiduciary duty, removal, and surcharge
• Objections to, and the defense of, trust accountings
• Petitions to determine entitlement to trust distributions
• Actions to recover property on behalf of an trust taken in violation of the terms of the Trust
• Will contests
• Claims of lack of capacity
• Claims of undue influence
• Elective share issues
• Tax apportionment issues
• Claims of forgery
• Actions by and against personal representatives of estates for breach of fiduciary duty, removal, and surcharge
• Contested appointments of personal representatives of estates
• Objections to, and the defense of, probate accountings
• Petitions to determine entitlement to estate distributions
• Petitions to determine heirs
• Actions involving creditor claims

 

Keeping Probate Costs Low
Legal fees for probate are established by state law:

• Four percent of the first $100,000
  Three percent of the second $100,000
• Two percent of $1,000,000
• One percent of $25,000,000
• Negotiable thereafter