Straight answers, no runaround

Estate, inheritance & litigation

What clients ask first

These answers are general information, not legal advice for your specific situation. For that, talk to us directly.

• Do I need a will or a living trust?

  Both are valid tools in California, and the right one depends on your situation. A will directs who receives your property and names guardians for minor children, but it does not avoid probate, the court-supervised process that often takes many months. A properly funded revocable living trust can keep most assets out of probate, add privacy, and put a plan in place to manage your assets if you become incapacitated. For some families a will is enough; for others, especially those who own real property, a trust does more work. We review what you own and what you want to protect, then recommend the structure that fits, not the one that bills the most.

• What happens if I die without an estate plan in California?

  If you die without a will or trust in California, the state decides who inherits, using a fixed formula in the Probate Code. Your surviving spouse keeps the community property, but your separate property is divided among your spouse, children, or other relatives in shares set by law, which may not match what you would have chosen. An unmarried partner, a stepchild you did not adopt, or a favorite charity can be left out entirely. The estate still goes through probate, often taking many months, and becomes part of the public record, and the court, not your family, names the person in charge. A short conversation now lets you replace the state's default with your own plan.

• How often should I update my estate plan?

  California does not set a deadline for updating your estate plan, but an out-of-date plan can cause the same problems as having none. Revisit it after any major life change: marriage or divorce, a birth or adoption, the death of a beneficiary or the person you named to act for you, a significant change in your assets, or a move into or out of California. It is also worth a review when the law shifts, as it did with the Proposition 19 property-tax rules. Even without a triggering event, a periodic check confirms your documents still say what you mean, and that beneficiary designations and trustee or agent appointments are still current. We can review your existing plan and tell you plainly whether it still holds up.

• What is a power of attorney and an advance health care directive?

  These are the two documents that protect you while you are alive, not just after death. A durable power of attorney names someone you trust to handle your finances and legal affairs if you cannot, and it keeps working even if you become incapacitated (Probate Code sections 4000 and following). An advance health care directive names a person to make medical decisions for you and records your wishes about treatment and end-of-life care, using the framework in Probate Code section 4600 and following. Both take effect during your lifetime, which is what sets them apart from a will. Without them, your family may have to ask a court for a conservatorship, a slower and more public process, just to act on your behalf. We can prepare both so the people you choose, not a court, are ready if the day comes.

• I think a trustee is mishandling the estate. What can I do?

  You have more rights than most beneficiaries realize. A trustee in California must keep beneficiaries reasonably informed and must account for what happens to trust assets (Probate Code sections 16060 and 16062). If a trustee is hiding information, self-dealing, favoring one beneficiary, or letting the estate lose value, those can be breaches of fiduciary duty, and you can petition the probate court to compel an accounting, recover losses, and in serious cases remove the trustee (Probate Code sections 17200 and 15642). The right first step is to read the documents and the record carefully, because a removal petition without solid grounds can backfire on the person who files it. Our flat-fee Initial Case Assessment reviews the trust, the accountings, and the correspondence, then gives you a written read on your rights and the strongest next move before you commit to litigation.

• Can I contest a will or trust in California?

  Yes. California lets an interested person challenge a will or trust on grounds such as lack of mental capacity when the document was signed, undue influence, fraud, improper execution, or forgery. The deadlines are strict and they differ by document. For a will, you generally have 120 days after the court admits it to probate to petition to revoke it (Probate Code Section 8270). For a trust, the clock usually starts when the trustee serves the notice required by Probate Code Section 16061.7, and you generally have 120 days from that notice (Probate Code Section 16061.8). Because a missed deadline can end your case before it begins, and because a document can contain a no-contest clause, it is worth getting a clear read early. Our flat-fee Initial Case Assessment tells you whether you have grounds, how much time is left, and whether a no-contest clause is a concern.

• What rights do beneficiaries have to information and accountings?

  California gives trust beneficiaries real, enforceable rights to information. The trustee must keep you reasonably informed and must respond to your reasonable requests about how the trust is being handled (Probate Code sections 16060 and 16061). The trustee must also account to you at least once a year, when the trust ends, and when the trustee changes, with limited exceptions (Probate Code section 16062). After a settlor dies, you are also entitled to formal notice and, on request, a copy of the trust’s terms (Probate Code section 16061.7). If a trustee is ignoring these duties or stalling, that silence is often the first sign of a deeper problem, and a court can compel disclosure. Transparency is the trustee’s obligation, not a favor. We can review what you have been given and tell you exactly what you are owed.

• How long do I have to bring an inheritance dispute?

  It depends on the dispute, and the deadlines are short and unforgiving. To challenge a will, you generally have 120 days after the court admits it to probate (Probate Code Section 8270). To contest a trust after the person who created it has died, you generally have 120 days from the date the trustee serves the required notice (Probate Code Section 16061.8; that notice is itself required by Section 16061.7). A claim for financial elder abuse generally must be filed within four years of when you discovered, or reasonably should have discovered, the abuse (Welfare and Institutions Code Section 15657.7). Other claims, such as breach of fiduciary duty, carry their own statutes of limitation. Some clocks have not started if the proper notice was never sent, which is exactly the kind of detail that decides cases. If you suspect a problem, the safest move is to have the timeline reviewed now, while options are still open.

• What does the litigation process look like?

  In California, most inheritance disputes are handled in the probate department of the Superior Court, and they usually begin with a petition rather than a standard lawsuit. From there the process moves through notice to everyone involved, written responses, and discovery, where documents are exchanged and witnesses are questioned under oath. Along the way the court can step in early when needed, for example to suspend a trustee or protect assets while the case continues. Many cases resolve through negotiation or mediation before trial, but the file is built from the first day as if it will be tried. We handle each stage ourselves, so the person who knows your case is the one standing in court.

• How long does estate or trust litigation take?

  There is no single answer, but it helps to know the general shape. Even an uncontested California probate often runs about 9 to 18 months, partly because the law requires a four-month window for creditors to come forward (per the California Courts self-help guide). A contested will or trust case adds discovery and motion practice, and sometimes trial, so it can take longer, depending on the county's calendar, the number of parties, and how complex the assets are. Cases that settle resolve sooner, and a strong, well-documented position early often shortens the road. We give you a realistic picture for your specific situation rather than a number we cannot stand behind.

• What is a flat-fee Initial Case Assessment?

  The Initial Case Assessment is a focused, flat-fee engagement designed to give you clarity before you commit to anything larger. We review the relevant documents, such as the estate plan, the trust, probate filings, and key correspondence, then deliver a written memo that lays out your rights, the risks, and the recommended next steps. You leave knowing whether you have a case, what deadlines apply, and what a sensible path forward looks like, in writing, in plain language. Because the price is fixed and agreed in advance, you are not exposed to an open-ended bill just to find out where you stand. If the matter goes further, we also offer flat-fee, contingency, and hybrid arrangements, and we will recommend the structure that fits your situation.

• Will my case go to trial or settle?

  Most inheritance disputes in California resolve before trial, through negotiation or mediation, and a fair settlement is often the best result for a grieving family. But the cases that settle well are usually the ones prepared as if they will be tried. We build the record from the start, so the other side understands early that waiting you out is not a strategy. We cannot promise an outcome, and no honest lawyer can, but we can tell you candidly whether your position is strong enough to push for resolution or whether the courtroom is where this ends. Either way, you will know where you stand and who is carrying it.