California Trust & Probate Litigation Attorneys
Trust and probate disputes are among the most emotionally difficult legal matters a family can face. We're here to guide you through.
Trust & Probate Disputes We Handle.
McLellan Law Group LLP represents beneficiaries, trustees, and heirs throughout Silicon Valley, Santa Clara County, and the Bay Area in will contests, trustee removal proceedings, breach of fiduciary duty claims, and contested probate matters.
We regularly handle trust and probate litigation involving high-net-worth estates in Saratoga, San Jose, Los Gatos, Cupertino, and across Santa Clara County, with the discretion these sensitive matters deserve.
Deadlines in Trust and Probate Cases
Deadlines in trust and probate cases are shorter than people expect. If you received a formal notification from a trustee that a trust has become irrevocable, you generally have 120 days from the date that notification was served to bring a contest. That is a short window and it does not extend because you were gathering information or waiting on a family member to decide. Other deadlines in this area run on their own schedules, and some of them start from a date you may not have noticed at the time. If you have received anything on letterhead from a trustee, an executor, or a probate court, treat it as time sensitive and let us look at it.
| Type of matter | Deadline | When the clock generally starts |
|---|---|---|
| Trust contest | 120 days (or 60 days from delivery of trust terms during that window, if later) | Service of the trustee's notification |
| Will contest, before admission | No fixed day count | Must be raised before the will is admitted to probate |
| Will contest, after admission | 120 days (extended until final distribution for a minor or incompetent contestant) | The will being admitted to probate |
| Breach of trust or accounting claims | 3 years | Receipt of an adequately disclosing account, or discovery if no adequate account was given |
| Financial elder abuse | 4 years | Discovery of the abuse |
| Creditor claims against the estate | The later of 4 months after letters issued, or 60 days after notice mailed or delivered | Issuance of letters, or notice to the creditor |
Scroll the table sideways to see every column.
Two things about the trust contest deadline. The trustee is required to serve that notification within 60 days of the event that triggered it, usually the settlor's death. But the 120-day clock runs whether the notification was served on time or late. A trustee who serves it eight months late still starts your clock on the day you are served. If anything arrives from a trustee, treat it as time-sensitive the day it shows up rather than waiting until you understand it.
Conservatorship Services
When an adult can no longer manage their own finances or personal care, a court can appoint a conservator to do it for them. These cases are contested more often than people expect, usually because family members disagree about who should serve, or because a conservatorship is being sought over the objection of the person it would cover. We handle both sides, including petitions to remove or replace a conservator who is not acting in the conservatee's interest, and objections where a conservatorship is not the least restrictive option available. Learn more about how these matters connect to financial elder abuse on our dedicated page.
Litigating Against Heirs
Unfortunately, after the death of a loved one, siblings, relatives, or others may challenge how the assets should be divided. These cases are emotional, particularly where one child uses the death of a parent to claim that other relatives have engaged in bad acts towards the parent. Our attorneys have experience handling these cases, even going to trial to protect our clients' interests.
Why These Cases Are Different
These cases are different because of who is on the other side. In most litigation the opposing party is a stranger, a company, or an insurer. In trust and probate disputes it is usually a sibling, a stepparent, or someone else who will still be at the funeral. That changes what a good outcome looks like, and it changes how a case should be run. We take the position that aggression is a tool and not a default. Sometimes the right move is a firm letter and a mediation, sometimes it is a petition filed the same week, and the difference is usually a judgment about the other side rather than about the law. We will give you that read honestly, including when it points away from litigation.
Ensuring That Your Rights Are Fully Protected
We know that these cases can be emotionally taxing, and we will work tirelessly to resolve them as quickly and painlessly as possible. We understand the importance of protecting your assets and your family, and we will do everything we can to ensure that your rights are fully protected. We also understand the sensitive nature of these disputes, and we are committed to handling each case with the utmost care and discretion.
Notable Results
Appellate Affirmance for Surviving Spouse
Obtained dismissal of an appeal in the California Court of Appeal, Sixth Appellate District, by arguing that the appellants failed to demonstrate error, preserving a probate order that set apart a lifetime probate homestead for a surviving spouse and secured her right to remain in her home over the objection of her late husband's children.
Trust Termination & Final Account Approval
Represented a trustee in resolving a beneficiary's petition to compel distribution and terminate the trust by stipulation, then obtained court approval of the trustee's final account with an express finding that she had performed all of her duties as trustee.
Wrongful Death Settlement Approval
Represented a court-appointed special trustee in obtaining probate court approval of a multimillion-dollar wrongful death settlement paid from a trust, along with approval of all of the special trustee's acts, fees, and resignation.
These results are provided for informational purposes only. Prior results do not guarantee a similar outcome, and every matter turns on its own facts and law. Representative matters include some results obtained in prior practice.
What Our Clients Say
Results depend on the specific facts and law of each matter. Prior results do not guarantee or predict a similar outcome in any other case.
Trust & Probate FAQs
If a trustee has served you with the notification required when a trust becomes irrevocable, you generally have 120 days from the date that notice was served to bring a contest, and that period can run even sooner in some circumstances. It is one of the shortest deadlines in California civil practice, and it does not pause because you are still gathering documents or hoping the family works things out informally. If you have received anything from a trustee on this topic, treat the clock as already running.
In most cases, yes. California law generally gives current beneficiaries the right to request a copy of the trust terms and other information reasonably necessary to protect their interests, and a trustee who refuses without a valid reason can be compelled to produce it. What you are entitled to see, and when, can depend on whether the trust has become irrevocable and on the specific terms of the trust itself, which is why it helps to have someone review the situation with you.
A trustee has a duty to account to beneficiaries, and if a written demand for an accounting is ignored, delayed, or answered incompletely, you generally have the option of asking the probate court to compel one. How a trustee responds to that demand often tells you a great deal, a complete and prompt accounting can resolve the concern on its own, while silence or an incomplete response is itself worth taking seriously.
Not necessarily, but it can depend on whether the trust contains a no contest clause and what that clause covers. California law limits when these clauses can be enforced, and in many situations a beneficiary who has probable cause to bring a claim is protected. Because the consequences of guessing wrong can be significant, this is something to have evaluated before you file anything, not after.
It is common, and not by itself improper, for a trustee to also be a beneficiary of the same trust. The trustee's fiduciary duties still apply in full, and a trustee who uses that dual role to favor themselves over the other beneficiaries, through unequal distributions, self-dealing, or delayed administration, can be held accountable the same as any other trustee. Situations like this warrant a closer look at how decisions are actually being made, not just what the trust document says on its face.
Some do, but many trust and probate disputes resolve through negotiation or mediation once the relevant records and accountings are on the table. Whether a case is likely to settle or needs to be tried often comes down to how the other side responds to early requests for information, and we prepare every case as though it could end up in front of a judge, even when we expect it will not.
It depends on the size of the estate, how contested the facts are, and how the other side chooses to litigate. Some matters resolve after a demand letter and a short negotiation, others require extended discovery and expert accountants. We discuss fees and likely costs candidly during the initial consultation, including situations where a case may not be worth pursuing given what is realistically at stake.
Trust and probate matters in Santa Clara County are generally heard in the Probate Department of the Santa Clara County Superior Court. Procedures in probate court differ in some respects from general civil litigation, including how petitions are filed and noticed, which is one reason it helps to work with counsel familiar with that court.