Roseville Trust Litigation Lawyer

Common Disputes We Handle

• Undue Influence & Lack Of Capacity: Challenging a trust or amendment signed when the settlor was vulnerable or impaired.
• Breach Of Fiduciary Duty: A trustee who withholds information, self-deals, favors one person, or drags their feet.
• Accounting & Information: Forcing proper records, receipts, and investments.
• Trustee Removal & Surcharge: Replacing a trustee and seeking repayment for losses.
• Beneficiary Rights & Distributions: Enforcing timelines, interpreting terms, and preventing waste.
• Elder Financial Abuse: Recovering assets transferred through pressure or deception.
• No-Contest Clauses: Evaluating risk before you act.

How We Build Your Case

Facts win cases. We gather medical records, caregiver notes, emails, texts, bank data, deed history, and witness testimony. We look at timeline, motive, and opportunity. We consult doctors, capacity experts, and fiduciary accountants where needed. Then we choose the right path, targeted motion practice, mediation, or trial.

Trustee Misconduct: What It Looks Like

A trustee must act with loyalty, prudence, and transparency. Warning signs include missing accountings, unexplained withdrawals, “loans” to the trustee, below-market sales to friends, or refusals to communicate. If you see these, speak up. Delay can make recovery harder.

If You Are The Trustee Under Fire

You deserve a fair chance to do the job right. We help you stabilize the situation fast. We assemble records, fix gaps, and satisfy statutory duties. If a beneficiary is over-reaching, we defend you. If conflict makes your role impossible, we can seek court guidance or a neutral successor.

Capacity And Undue Influence: The Core Theories

Most trust contests turn on these two issues. Capacity asks, did the person understand the nature of the act and the property involved? Undue influence asks, did someone override free will through pressure, isolation, or control of care and information? We map the relationships and the chronology. We follow the money. And we test the story against documents and witnesses.

No-Contest Clauses: Risk And Reality

A no-contest clause does not ban good-faith action. But it can change the risk calculus. We evaluate your safest options—informal information rights, petitions for instructions, limited contests, or targeted accounting demands—so you do not trigger penalties.

Mediation First. Trial If Needed.

Most trust cases settle. Mediation gives you speed, privacy, and control. We come prepared with a damages model, tax angles, and practical terms (deadlines, releases, neutral trustees). If talks stall, we are ready to try the case. Your leverage improves when the other side knows you can win in court.

What To Do Right Now

• Preserve Evidence. Keep emails, texts, caregiver logs, and financial statements.
• Gather The Paper Trail. Prior wills, trust drafts, deeds, beneficiary changes, and medical notes.
• Do Not Self-Help. Do not withhold distributions or move assets without advice.
• Talk To Counsel Early. Early action can freeze assets and prevent further harm.

Possible Remedies

• Removal & Suspension Of Trustee
  
• Accounting, Surcharge, And Fee Shifting
  
• Void Or Reform A Trust/Amendment
  
• Constructive Trust Over Wrongfully Taken Assets
  
• Damages, Interest, And Costs
  

We focus on outcomes that actually solve the problem: clean title, final distributions, and closure.

Our Process

• Case Assessment: We review documents, identify claims and defenses, and set goals. You leave the consult knowing your options and likely timelines.
• Immediate Stabilization: If assets are at risk, we seek court orders, suspend authority, or compel information. We stop the bleeding first.
• Discovery & Expert Work: We issue subpoenas, take depositions, and line up expert testimony. We quantify loss and pressure points.
• Mediation & Negotiation: We aim for a smart settlement that protects value and family relationships where possible.
• Trial Readiness: If settlement fails, we try the case. Clear story. Clean exhibits. Focused legal theories.

Why Families Choose Patton Law Group

• Clear Strategy: You will always know the plan, the next step, and the reason behind it.
• Practical Communication: Short updates. Plain English. Direct answers about risk, cost, and timing.
• Focus On Results: We care about what life looks like after the case. The best outcome is the one you can live with.2

Frequently Asked Questions

How Long Does A Trust Case Take?

Simple petitions can resolve in a few months. Contests with discovery and experts can take longer. Mediation often shortens the path.

Can We Make The Trustee Show The Books?

Yes. Beneficiaries have strong rights to information and accountings. Courts enforce them.

What If There Is A No-Contest Clause?

We assess the clause, your evidence, and lower-risk ways to get information or relief before filing a full contest.

Will We Recover Attorney’s Fees?

Courts can shift fees in some situations, especially for breaches of duty or bad-faith conduct. We factor this into strategy.

Do We Have To Go To Court?

Often, yes. But many disputes end in mediation. We prepare for both so you keep leverage.

For Trustees: Avoid Litigation Before It Starts

Communicate. Account on time. Keep receipts. Avoid conflicts of interest. When in doubt, ask the court for instructions. A proactive approach protects you and the trust.

Ready To Talk? If you are facing a trust dispute, or trying to prevent one, act now. Contact Patton Law Group to schedule a focused consultation with a Roseville trust litigation attorney. We will protect the record, protect the assets, and press for the outcome you deserve.