California Trust & Estate Litigation Attorneys
Representing beneficiaries and trustees in disputes over trust administration, accountings, and fiduciary misconduct across California.
The attorneys on your case
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Mark C. Smith
Principal Attorney & Founder
Berkeley Law · AmLaw Top 50 Firm · Federal Clerk · Combat Veteran
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Nicholas Jacobs
Attorney, Estate Planning
Northwestern California Law
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Seth Steward
Litigation Attorney
GW Law · Harvard Kennedy · Former Prosecutor · Air Force Veteran
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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.
A trust is supposed to deliver what its creator intended, quietly and on time. When a trustee will not account, favors one beneficiary, sells property without explanation, or a late amendment changes everything, the trust becomes a dispute. We represent beneficiaries and trustees in California trust and estate litigation, building the record before deciding whether to demand, petition, mediate, or try the case.
Many matters overlap with broader inheritance disputes and contested probate. If you are a trustee trying to do the job correctly, see trust administration.
A trustee who will not account? Do not wait.
Information that goes missing, property that is sold or transferred, and distributions that never arrive all get harder to unwind with time. Beneficiaries also face deadlines once an accounting or notice is served.
Speak with counsel before you sign a release, approve an accounting, or accept a distribution you are unsure about.
Trust disputes we handle
- Trust contests challenging validity for lack of capacity, undue influence, fraud, or improper execution
- Petitions to remove and replace a trustee who will not account, self-deals, or mismanages assets
- Breach of fiduciary duty claims, including surcharge to recover losses caused by the trustee
- Self-dealing, commingling, and conflict-of-interest disputes
- Trust modification or reformation to correct mistakes or address changed circumstances
- Accounting objections and demands for information that a trustee has withheld
Remedies and how cases move
Depending on the facts, the court can compel an accounting, surcharge a trustee for losses, order the return of property, remove and replace a fiduciary, or reform a trust to match its creator’s intent. We usually start by identifying your rights and deadlines, then send a focused demand or accounting objection. If that does not resolve the problem, we file a petition under the Probate Code and prepare the matter for mediation or trial.
Why Corcoran Smith Law Corp.
Trust litigation runs on fiduciary duties, accountings, and deadlines, often among family. The work is to build the record and apply the right pressure at the right time.
Corcoran Smith Law is a California firm with offices in Sacramento and San Francisco. We are veteran owned. The partner works the matter, and clients are not handed off to a junior associate after the first call.
Because we also handle trust administration, we know what a clean trust looks like, which makes it easier to show a court where this one went wrong.
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.
Frequently asked
Trust litigation questions
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Who can bring a trust dispute in California?
Beneficiaries, trustees, and other interested persons generally have standing. The right approach depends on your role, the trust document, and what notices and accountings have already been provided.
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How do I remove a trustee?
A beneficiary or co-trustee can petition the probate court to remove a trustee for breach of trust, conflict of interest, failure to account, hostility that impairs administration, or other grounds under the Probate Code. The court can also suspend a trustee and order an accounting while the petition is pending.
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What is a surcharge?
A surcharge is a court order requiring a trustee to repay the trust for losses caused by a breach of duty, sometimes with interest. It is one of the primary remedies in trust litigation.
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Do trust disputes have to go to trial?
No. Many resolve through a demand, a formal accounting, mediation, or a negotiated settlement. Trial remains available when the facts and the amount at stake justify it.
Client reviews
What our clients say
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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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Corcoran smith law corp is very helpful and professional. I needed To find a probate lawyer, after contacting a few different options they were the best choice. Everyone I spoke to was very professional, kind, and really took the time to listen to what I needed, as well as direct me to the best person for the job. They were very helpful in dealing with my case and prompt with getting back to me. I would Recommend this company to anyone who needs to hire a probate lawyer as I truly feel they care about people and understand the process.
Jean Copus May 2026 · Google
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"I met with Nick Jacobs and Mark Smith to discuss my very unusual probate / child support case. I knew it was new territory for them and would be very time consuming as they had to deal with Child Support Services and learn the ins and outs of that agency. I was sure they would turn me away but to my surprise they took the case. During our initial call I explained the difficulties and the issues I had. They immediately started brain storming with me and put together a possible game plan. They were sympathetic and I could see they were clearly upset at the way this case started out for me. Their compassion for my plight was obvious. They genuinely cared and wanted to make things right for me and my kids. The following day I received a fee agreement. I had a few questions about the fees so I reached out to them and we came to a beneficial agreement for all. My life was a bit complicated and I was not as involved as I wanted to be but Nick took the lead and researched and reached out to the necessary people. From start to finish Nick kept me in the loop and at no time did I have to reach out for an update. If I had a question I would get a response the same day or early the next morning, which is not the norm for a law firm. Throughout this process I felt that I was heard, understood and valued as a person and not just a client fee. Once the case was completed I received my final bill and found that many of their working hours were not included in that bill. They absolutely went above and beyond to take care of me. I would highly recommend Corcoran Smith Law Corp. to anyone who needs legal advice. Thank you again to Nick and Mark for your dedication and tenacity and for putting people first.
Jackie Mauro December 2025 · Google
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I am very grateful to Corcoran Smith Law Corp for their outstanding support with my legal matter. From the very beginning, my lawyer took the time to truly listen to my concerns and explained everything clearly so I could understand the process. Nick was patient, compassionate, and always kept me updated, which gave me peace of mind during a very stressful time. His communication was excellent. I never felt left in the dark and always knew what was happening with my case. I felt like I had someone genuinely on my side who cared about the outcome. I highly recommend him and the entire team at Corcoran Smith Law Corp for anyone who needs legal guidance. They are professional, knowledgeable, and dedicated to their clients.
Rosheil Major 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
Across our practice
Related California legal services
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Inheritance Disputes
Trust and estate litigation for heirs and beneficiaries. Contested wills, fiduciary misconduct, and trustee accountings.
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Trust Administration
Trustee duties, trust funding, beneficiary notifications, accountings, and distributions, handled end to end.
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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.
Talk to a California trust litigation attorney
A free consultation is the simplest place to start. Tell us what is happening with the trust, and we will help you understand your options.