Back to the Learning Center

By: Scott Grossman on June 18th, 2018

Considering Filing a Lawsuit against the Trustee of a trust?

Filing a lawsuit against the trustee of a trust can be a costly endeavor. However, it also may be necessary to protect your interests and the assets held in the trust. If you think that you may need to engage in trust litigation, take the following steps:

  • First of all, consult with a California trust attorney for guidance and more information about your legal options.
  • Furthermore, obtain a copy of the trust.
  • Also, gather copies of all communications relating to the trust administration process.
  • Additionally, request a copy of the trust accounting. If you have not received one, request a copy or gather the information that you do have relating to the assets of the trust.
  • Finally, weigh carefully the benefits of filing a lawsuit against the trustee versus the costs associated with doing so.

In conclusion, this final step is perhaps the most important. It is essential that you balance the costs of California trust litigation with protecting the assets of the trust. In some cases, there may be less expensive options for addressing the trustee. For example, if you are concerned with the manner in which the trustee is investing the trust assets, it may be best to first investigate further before filing a lawsuit against the trustee.

  • Trust (noun): An organization (ie: bank) or someone else can manage the money or property in a trust usually at a set period of time. They are managed by Trustees and are set up to help better serve the beneficiary’s interests. It is a legal document that tells the Trustee how to specifically handle the money and assets on behalf of the beneficiary according to the Trust’s wishes.
  • Litigation (noun): Litigation is the act or process of bringing a lawsuit to enforce a particular right. This can include Will contests, Trust Litigations, and Probate Litigation.


If you are ready to start your case, then please give us a call or fill out our Get Help Now form. A comprehensive overview of California Probate is available here. Should you have additional questions about trust litigation, you will find plenty of useful information in our Learning Center.