Inheritance Disputes
California Inheritance Dispute Attorneys
California Inheritance Dispute & Beneficiary Rights Attorneys. Serving the SF Bay Area, Sacramento, Los Angeles, and statewide.
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Veteran-Founded & Led
Founded by Mark C. Smith, U.S. Army combat veteran.
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Berkeley Law-Trained
Educated at UC Berkeley School of Law.
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California Statewide
SF · Sacramento · Los Angeles · San Diego.
Losing a loved one is painful enough. Discovering that your inheritance has been stolen, mismanaged, or unfairly denied can be devastating.
We fight to protect heirs, beneficiaries, and families across California from trust abuse, estate fraud, and fiduciary misconduct. If your inheritance rights have been violated, call (415) 275-1492 for a free case evaluation.
When to call
Common inheritance dispute warning signs
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A trustee will not provide information
You have asked for the trust, accountings, inventory, records, or status updates and the trustee is delaying, refusing, or giving incomplete answers.
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You were unexpectedly disinherited
A late-life will or trust change removed you, reduced your share, or benefited a caregiver, new spouse, sibling, or person with unusual influence over the decedent.
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Assets appear to be missing
Bank accounts, real estate proceeds, personal property, business interests, or trust assets do not line up with what the estate plan or family records suggest.
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A fiduciary is favoring one side
A trustee, executor, or agent under power of attorney is self-dealing, delaying distributions, withholding documents, selling assets unfairly, or ignoring beneficiaries.
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Capacity, fraud, or undue influence is suspected
The estate plan changed when the decedent was isolated, ill, dependent, cognitively impaired, or pressured by someone who stood to benefit.
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Probate has become contested
A will contest, competing petition, executor dispute, creditor issue, or beneficiary objection has turned estate administration into litigation.
Don't wait
If something feels wrong, don't wait.
Missing documents, an unexplained delay, a trustee who has gone quiet, or a last-minute change to the estate plan rarely resolve on their own. California probate and trust deadlines can pass before the problem is clear.
- Trust Contest Deadline
- 120 days
- No obligation
- Free Consultation
- What Happens Next
- 4 steps
Under California Probate Code §16061.7, trust contests are subject to strict filing deadlines. Missing the deadline may permanently bar the claim.
We begin with a no-obligation consultation to understand the situation, identify any immediate deadlines, and determine whether we can help.
Initial Case Assessment → Document Review → written strategy recommendations → representation if appropriate.
Free download
Know Your Rights as a California Beneficiary
When a trustee goes quiet, an accounting never comes, or a late amendment changes everything, the law still gives you specific rights and deadlines. Our plain-English guide explains what you are owed, the questions to ask, and the steps to take before you sign or accept anything.
Practice scope
California inheritance disputes we litigate
Our Inheritance Disputes & Beneficiary Rights attorneys handle a wide range of cases throughout California, including:
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Contested Wills
When a will is challenged due to undue influence, lack of capacity, fraud, or improper execution, we fight to uphold or contest the document depending on our client's position.
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Trust Disputes
Disagreements over trust terms, trustee actions, or trust validity require experienced counsel. We represent both beneficiaries challenging trustees and fiduciaries defending their actions.
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Probate Litigation
When the probate process becomes contested, whether over asset distribution, creditor claims, or estate administration, we provide aggressive representation to protect your interests.
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Fiduciary Misconduct & Breach of Duty
Trustees and executors owe legal duties to beneficiaries. When they self-deal, fail to account, withhold information, or mismanage assets, we hold them accountable.
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Elder Financial Abuse
When vulnerable adults are exploited through undue influence, fraud, or financial manipulation, we pursue claims under California's Elder Abuse Act to recover assets and seek penalties.
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Disinheritance Claims
If you have been unexpectedly removed from a will or trust, we analyze the circumstances to determine whether the change was valid or the result of undue influence or incapacity.
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Beneficiary Rights Enforcement
Beneficiaries have legal rights to information, accountings, and distributions. When trustees fail to honor these rights, we compel compliance through legal action.
Our Approach
How We Approach Trust & Inheritance Disputes
A clear, flat-fee path that lets you understand your legal position before committing to costly litigation. Every matter follows the same deliberate process.
Afterward you can move forward with settlement, mediation, or litigation — or choose not to proceed at all — with full knowledge of where you stand. We are with you at every step.
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Initial Consultation
We listen carefully to your concerns, background, and goals. If the matter is a fit for our practice, we proceed with an Initial Case Assessment.
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Initial Case Assessment (ICA)
Our ICA includes up to 8 hours of attorney time for document review, legal research, and strategy development. We analyze estate planning documents, trust instruments, probate filings, and correspondence. This is done at a flat fee for predictable costs and at a highly discounted hourly rate, all so our clients can fully understand their inheritance rights before committing to costly litigation. We assess your standing, possible claims, evidentiary challenges, and statute of limitations.
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ICA Memorandum Delivery
You'll receive a written memorandum summarizing our findings, conclusions, and suggested next steps. This allows you to proceed confidently with litigation, negotiation, or mediation, or not proceed at all, with full knowledge of your legal position.
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Optional Add-On Services
We draft and issue formal demand letters to the disputed party, outlining your legal rights, the violations of those rights, and demanding corrective action. We also offer negotiation representation and expedited service as flat-fee add-ons tailored to the urgency and complexity of your case.
Who you'll work with
Meet Your California Inheritance Dispute Attorneys
Trust and inheritance disputes turn on incomplete records, family conflict, and high stakes. Mark C. Smith brings Berkeley Law, a federal clerkship, and combat-veteran experience; Nicholas Jacobs brings investigative rigor and 18+ years in law enforcement and crisis counseling.
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Mark C. Smith
Principal Attorney & Founder
Mark leads the firm’s civil disputes practice with big-firm litigation training and courtroom-focused judgment, with 20+ years of military service standing behind every case.
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Nicholas Jacobs
Attorney, Estate Planning
Nick combines investigative rigor, calm communication, and an unwavering client focus, built on 18+ years of public service before he picked up the law.
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Seth Steward
Litigation Attorney
GW Law-trained, Harvard-educated, and trial-tested. More than 30 jury trials and deep courtroom experience to navigate the most complex legal disputes: estate, business, and wrongful death.
Frequently asked
Frequently asked questions about California inheritance disputes
If you have questions about your specific situation, call (415) 275-1492 for a free case evaluation.
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How long do I have to contest a will or trust in California?
For trust contests, California Probate Code Section 16061.7 requires beneficiaries to file within 120 days of receiving the Notification by Trustee. Will contests must be filed before the court admits the will to probate or within 120 days of the will being admitted. Missing these deadlines can permanently bar your claim.
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What is a breach of fiduciary duty by a trustee?
A trustee has legal obligations to act in the best interests of beneficiaries, including duties of loyalty, impartiality, prudent investment, and accounting. Breach occurs when a trustee self-deals, favors one beneficiary over another, fails to provide accountings, makes imprudent investments, or distributes assets contrary to the trust terms.
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How much does it cost to hire an inheritance dispute attorney?
Corcoran Smith Law offers a flat-fee Initial Case Assessment so you can understand your legal position and options before committing to litigation. Beyond the ICA, we offer flat-fee, contingency, and hybrid fee arrangements depending on the nature of your claim.
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Can I contest a trust if I was disinherited?
Potentially. If the trust was created or amended under circumstances involving undue influence, fraud, lack of mental capacity, or improper execution, you may have grounds to contest. The 120-day deadline from trustee notification is critical.
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What is an Initial Case Assessment?
Our ICA is a flat-fee engagement where we review your estate planning documents, trust instruments, probate filings, and correspondence, then deliver a written strategy memo outlining your legal rights, risks, and recommended next steps. It empowers you to make informed decisions before committing to litigation.
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Do I need a lawyer for a trust dispute?
Trust and probate litigation involves complex procedural rules, strict deadlines, and fiduciary law that is difficult to navigate without legal counsel. An experienced attorney can identify claims you may not know exist and prevent procedural errors that could forfeit your rights.
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What if the trustee refuses to give me information about the trust?
California law gives beneficiaries the right to request and receive trust accountings, copies of the trust instrument, and information about trust administration. If a trustee refuses, a court can compel disclosure and may remove the trustee for breach of duty.
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Can I recover attorney fees in a trust or will dispute?
In many cases, yes. California Probate Code allows the court to award attorney fees from the trust or estate in certain proceedings, particularly where the litigation benefits the trust or estate as a whole, or where a fiduciary has breached their duties.
Client reviews
What our clients say
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My husband and I had an outstanding experience working with Nick Jacobs at Corcoran Smith Law. From our very first meeting, Nick made us feel comfortable and confident in the process of setting up our trust. He was incredibly knowledgeable, patient, and thorough—taking the time to explain every detail and answer all of our questions with clarity and care. Nick truly listened to our goals and concerns and guided us through each step with professionalism and kindness. What could have been a stressful experience was made smooth and seamless thanks to his expertise and calm approach. We are so grateful for his support and highly recommend Nick Jacobs and the entire team at Corcoran Smith Law to anyone in need of a trustworthy and skilled estate or trust attorney.
Crystal Wilson August 2025 · Google
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Corcoran Smith did an incredible job for us. We are so grateful we were referred to them and especially grateful for attorney Nick Jacobs. Nick was a pleasure to interact with and the perfect person to educate and guide our complicated family in creating a trust. Nick has a very kind, attentive manner. He treated all of us as equally important. He was extremely patient. His legal expertise was very reassuring. Nick clearly and calmly explained concepts that at first felt a little overwhelming. He made sure we all understood every step of the process as we went. Thanks to Nick we felt very empowered and confident we were making the correct decisions for us. Also, Mark Smith was extremely responsive and thoughtful with every interaction we had with the rest of the firm. I highly recommend Corcoran Smith. Nick Jacobs was wonderful!
Scott C Callaghan September 2025 · Google
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Thank you Nicholas Jacobs for your professionalism, attentiveness and commitment to helping us with some legal documentation. If you’re looking for a lawyer who’s articulate, knowledgeable and makes you feel comfortable, look no further! We’re so fortunate we had Nicholas help us navigate our needs every step of the way.
Nagam Jabbar October 2024 · Google
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Nick and Mark were amazing to work with! Nick is such a nice man, and he was extremely knowledgeable and professional. He was passionate about his work, honest and very kind and supportive during my journey in contesting a trust. He communicated his strategies every step of the way and the documents he wrote were a testament to his commitment in helping me. Every T was crossed and every I was dotted. We had a good outcome, but even if we hadn’t, I would have been 100% satisfied with the effort he put into our case. I highly recommend this firm based on their professionalism, knowledge, commitment, honesty, and communication.
Kimberly Brink August 2025 · Google
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Attorney Nicholas Jacobs has been amazing to us during this difficult battle involving my father’s home. He has been compassionate, attentive, and consistently took the time to explain everything clearly. During an emotionally exhausting situation, he made us feel supported, heard, and confident that our case truly mattered. We are deeply grateful for his professionalism and dedication. Thank you
Wendy Bracy January 2026 · Google
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Attorney Jacobs was diligent, patient, knowledgeable and detailed in assisting me. Thank you Nick for your help with my legal matters. I highly recommend Nick Jacobs to anyone seeking legal assistance.
Crocks Supreme October 2024 · Google
Across our practice
Related California legal services
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Trust & Estate Litigation
Trust contests, trustee removal, breach of fiduciary duty, surcharge, and trust reformation.
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Contested Probate
Will contests on grounds of capacity, undue influence, fraud, or improper execution.
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Civil Litigation
Trust and estate litigation, commercial and contract disputes, business torts, and real-property litigation.
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Trust Administration
Trustee duties, trust funding, beneficiary notifications, accountings, and distributions, handled end to end.
Ready to talk?
A clear plan for your next step.
Book a free consultation. We'll walk through your situation and lay out the strongest path forward, whether that is estate planning, resolving a dispute, or a flat-fee Initial Case Assessment.
Book a free consultation