Trust Litigation Attorney / Probate Litigation Attorney

Experienced Trust Litigation Attorney serving Saratoga, San Jose, Los Gatos, Monte Sereno, Campbell, Santa Cruz, Los Altos, Palo Alto, and the surrounding Bay Area community

Trusts are supposed to provide an orderly means to hand assets down to the next generation. However, what do you do when a Trust does not work as intended; or when a Trust is created by a person who lacks capacity to know what he or she wants; or a person is coerced into creating a document through excessive persuasion that overcomes his or her free will to decide?  What do you do as trustee when trust beneficiaries are making threats to sue you on baseless grounds?

That’s when you need legal help to seek the justice and fairness you deserve as a trustee or trust beneficiary.  Unfortunately, when you are the victim of a bad actor who highjacks the intent of the trust, the burden is on you to take action and stand up for your rights.  That’s where we can help you seek justice.  Our clients hire us because we are highly experienced in contested Trust litigation, and handle all aspects of your case from inception through trial.  We will zealously fight for you to reach the best possible resolution in your case.  Simply put, we care about our clients and we want the best for them.

Recent Court Victories

Our recent court victories include a trial in Santa Clara County in which we successfully removed a trustee who breached the terms of a living trust.  In that action, we obtained a court order to force proper distributions to the beneficiaries and surcharge the trustee for misappropriation of trust funds. We also recently tried a case in Santa Clara County in which we successfully invalidated an irrevocable trust due to lack of capacity and undue influence.  In that action, our client had been effectively disinherited by the terms of the irrevocable trust, and the ruling of the court permitted him to rightfully receive his half of the inheritance.  We have helped beneficiaries just like you and our track record speaks for itself.

Pursuing Resolutions Through Estate and Trust Litigation

We are dedicated to serving the legal needs of both trustees and beneficiaries who may require representation as the result of an issue arising from a trust.  It may involve the inaction or bad actions of a trustee or issues related to concerns about the circumstances surrounding the establishment of trust.  Our estate and trust litigation lawyers can assist you with issues concerning allegations such as:

  • Incapacity of the trustmaker
  • Trustee's failure to distribute assets to beneficiaries
  • Distributions to the wrong beneficiaries
  • Fraudulent or improper distribution of assets
  • Trustee neglect in determining proper asset value prior to sale
  • Trustee failure to provide accounting or reporting
  • Breach of trust
  • Breach of fiduciary duties
  • Fraud/Undue Influence/Duress

Pursuing Resolutions Through Trust and Estate Mediation

As an alternative to litigation, we can help you pursue a favorable resolution through mediation.  Our firm's estate and trust litigation lawyers help clients avoid the financial and emotional strain of courtroom proceedings.  Mediation allows disputing parties the opportunity to reach mutually acceptable agreements on their own terms. This form of alternative dispute resolution helps ensure that the financial aspects of a case are settled, while giving each side an opportunity to heal emotionally.

Hinshaw Estate Planning is a practice group of Hinshaw, Marsh, Still & Hinshaw and assists clients in matters related to Estate Planning, Asset Protection, Planning for Children, Inheritance Protection, and Estate & Trust Litigation in the areas of Saratoga, San Jose, Los Gatos, Monte Sereno, Campbell, Santa Clara, Sunnyvale, Cupertino, Los Altos, Los Altos Hills, Mountain View, and Palo Alto within Santa Clara County, the areas of Menlo Park, Woodside, Atherton, Portola Valley, San Carlos, and Redwood City within San Mateo County, and the Greater San Francisco Bay Area.

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12901 Saratoga Avenue, Saratoga, CA 95070
| Phone: (408) 861-6500

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