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Trust Litigation

At Galati Law, we understand that disputes pertaining to trusts often involve lots of emotions, which can make them difficult to resolve. All too often, family members and friends find themselves fighting against each other while still mourning the loss of a loved one or struggling with emotions that have been brewing under the surface for years, long after the passing of a loved one.

We represent clients in these highly emotional and often complex situations, and we are here to help. We have the knowledge of California trust law and the knowledge of the civil litigation process to resolve trust disputes. We put these skills to work for our clients to find practical solutions to minimize expensive litigation or avoid trial.

But when matters simply cannot be resolved without trial, we have the litigation experience to effectively and thoroughly handle your matter through trial. Although trust matters are typically heard in Probate Court, the civil litigation rules apply, including those of discovery, evidence, and motion practice. Because of this, it’s important to have a litigation attorney represent you in contested trust matters.

We represent clients in a variety of trust related circumstances. Such matters can center on the validity of the trust itself, such as the circumstances surrounding the creation of the trust or an ambiguity in the trust. There may also be disputes about the administration (or management) of the trust by the trustee, including asset investment, accountings, and providing information to beneficiaries, or issues between co-trustees. Disputes can also pertain to the control or management of a family business after the death of a family member. Galati Law provides services to trustees who have been sued or are otherwise being accused of wrongdoing as well as beneficiaries who believe a trust is invalid or that a trustee has mismanaged the trust or breached his/her fiduciary duties. Galati Law handles all aspects of trust litigation, including:

  • controversies surrounding trustee/fiduciary conduct (breach of duty)
  • trust accountings
  • trust misappropriation and mismanagement
  • interpretation of trusts and entitlement to distributions from trusts and estates
  • contests regarding the validity of trusts and concerns of undue influence, fraud, coercion, duress, and lack of capacity
  • control or management of the family business
  • trust reformation