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What is an attorney’s role in a trust litigation matter when I am suing a trustee?

If you are the beneficiary of a trust in California and suspect that the trustee has engaged in wrongdoing, you may decide to pursue legal action. Hiring an experienced San Diego trust attorney to represent you is an important step towards ensuring that your legal rights are protected. The attorney’s role in a trust litigation matter is substantial for the trust litigation matter to go smoothly. It will also greatly increase your chances of succeeding in your claim. This is because California trust and probate laws are often complex and require the guidance of an experienced professional.

The amount of work that goes into a San Diego trust litigation matter can be substantial. Your attorney’s role in a trust litigation matter includes:

  • Handling pre-lawsuit negotiations between the beneficiary and the trustee in an attempt to avoid a lengthy and expensive court involvement
  • Conducting discovery in an effort to uncover more information about the alleged breach of the trustee’s duties
  • Filing motions where necessary in order to comply with California probate laws
  • Additionally, assisting in mediations
  • Furthermore, representing your interests at trial and demonstrating how your rights have been violated
  • Finally, representing your interests in the event that an appeal is necessary or is filed by a trustee against you

If you are not sure how to choose the right attorney for your matter, our article, Five Questions to Ask Before Hiring a Trust and Probate Litigation Attorney, provides a helpful starting point.

In conclusion, to learn more about the trust litigation process, view our free guide, The Ultimate Guide to California Trust and Probate Litigation. Do not attempt to navigate this process alone. Contact an experienced San Diego probate lawyer today. Call our toll free number at (888) 443-6590 for a consultation. It would be our pleasure to further assist you.

Beneficiary (noun):

A person who benefits from a trust, will, or life insurance policy. This includes heir, heiress, inheritor, legatee; recipient, receiver, payee, donee, assignee; devisee, grantee.

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.

Probate (noun):  

The process of proving in court that the will of a person who has died is valid. It involves proving before a competent judicial authority that a document offered for official recognition and registration as the last will and testament of a deceased person is genuine. Not all wills must go through this in California. See our infographic to help you determine if your loved one’s estate must go through probate.

Scott Grossman

Scott Grossman


The Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307

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