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Key Takeaways
- Most California trust litigation cases are decided under the preponderance of the evidence standard.
- This means the court must decide it is more likely than not that the trustee breached their fiduciary duties.
- Beneficiaries do not have to prove trustee misconduct beyond a reasonable doubt.
- An experienced trust litigation attorney can help gather the evidence needed to support your claim.
What Standard of Proof Applies in Trust Litigation?
Many beneficiaries believe they need overwhelming proof before they can challenge a trustee.
That is not how most California trust litigation cases work.
Unlike criminal cases, where guilt must be proven beyond a reasonable doubt, trust litigation is generally a civil matter. In most cases, the beneficiary must prove their claim by a preponderance of the evidence.
Simply put, the court must conclude that it is more likely than not that the trustee breached a fiduciary duty.
At The Grossman Law Firm, Attorney Scott Grossman helps beneficiaries evaluate the available evidence, determine whether they may have a valid legal claim, and explain the options for protecting their inheritance under California law.
What Does "Preponderance of the Evidence" Mean?
Think of it like a scale.
If the evidence tips even slightly in the beneficiary’s favor, the standard may be met.
Evidence may include:
- Financial records
- Trust accountings
- Emails and text messages
- Witness testimony
- Property records
- Medical records when capacity is an issue
No single document automatically proves misconduct. Courts look at all of the available evidence together.
If you believe a trustee has breached their fiduciary duties but are unsure whether you have enough evidence, Attorney Scott Grossman can evaluate your situation and explain your legal options under California law.
FAQ
Do I need proof before talking to a lawyer?
No. Many beneficiaries first contact an attorney because they have unanswered questions or concerns. An attorney can help determine what evidence may be available.
Is trust litigation held to the same standard as a criminal case?
No. Most trust litigation cases are civil matters and generally use the preponderance-of-the-evidence standard rather than the beyond-a-reasonable-doubt standard.
What kind of evidence helps prove trustee misconduct?
Financial records, trust accountings, emails, witness testimony, and other documents may all help establish whether a trustee breached their fiduciary duties.
Related Resources
How The Grossman Law Firm Can Help
If you believe a trustee has breached their fiduciary duties, Attorney Scott Grossman can evaluate your situation, explain the applicable legal standards, and discuss your options under California law.
At The Grossman Law Firm, we help beneficiaries and heirs throughout California enforce their rights in probate and trust litigation.
Please call us at (888) 443-6590 or fill out our Get Help Now form to take the next step in protecting your inheritance.
Our Intake Specialists can evaluate your case at no cost. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.
Originally Published: May 30, 2016