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Trust & Estate Litigation Attorneys in Granite Bay, California

Experienced Trust and Estate Litigation Attorneys in Northern California

Herrig, Vogt & Hensley's team of trust and estate litigation attorneys handle a wide range of disputes across Northern California. Our clients include family members facing litigation for the first time, private professional fiduciaries, and beneficiaries.

Our expertise lies in effectively analyzing and defending the validity of estate planning documents including trusts, wills, powers of attorney for finance and medical care, and death beneficiary designations. These estate planning documents may be contested on numerous grounds, including mental incapacity, undue influence, mistake, or failure to adhere to formalities. Contested cases may involve elderly individuals making changes to their estate plans later in life, while diagnosed with health conditions such as dementia, or third parties, such as friends, who receive the majority of the decedent's estate over family members. We also provide guidance on no contest clauses to our clients.

Managing trusts or estates in California can be complex, given the requirements outlined in the Probate Code, court opinions, and state and local court rules. Our attorneys represent fiduciaries, including trustees, executors, and administrators, in disputes concerning the administration of trusts and estates. We work with fiduciaries to navigate challenging situations that arise with beneficiaries, interpretation of trusts and wills, assets management, and preparing accountings. In cases where there is disagreement on trust administration, interpretation or distributive schemes we may seek court guidance.

We advocate for beneficiaries who have encountered difficulties in obtaining information or documentation from the fiduciary. Fiduciaries may lack understanding on their administrative duties or their obligations, or act in self-interest. When fiduciaries are noncompliant with the duties and obligation and fail to change their conduct, we take legal action to ensure compliance. The court may order the suspension or removal of the trustee, prohibit the use of trust funds for legal fees and costs, or mandate the trustee to make payment for damages caused by their misconduct.

California also has specific elder abuse and disabled adult laws to protect vulnerable individuals. Our attorneys will strategize with you to advance claims on behalf of these individuals and their successors in interest, and will also defend those who are accused of abuse.

In conservatorship disputes, we provide legal representation to family members experience conflicts related to their parent's finances, living arrangements, or medical care. A conservatorship over the estate involves appointment by the court of a conservator to manage the conservatee's finances and assets. A conservatorship over the person manages the conservatee's healthcare, living situation and daily personal needs.

Trust and estate litigation is complex, emotional and expensive. At Herrig, Vogt & Hensley our team strives to resolve disagreements through informal resolution methods, such as mediation. However, certain disputes necessitate trial proceedings when resolution cannot be reached.

Our litigation practice covers the Superior Courts of various Northern California counties, including Sacramento, Placer, Yolo, El Dorado, Nevada, and more. Request a free case evaluation to get started.

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