Trust and Estates
Trust and estate disputes involve both legal complexity and significant personal considerations. Murtaugh LLP represents beneficiaries, fiduciaries, and family members in litigation matters involving trusts, estates, and conservatorships, with a focused and strategic approach.
The firm handles a range of disputes involving beneficiary representation and trustee representation, including contested accountings, breach of fiduciary duty claims, disagreements over distributions, and conservatorship disputes involving financial management and decision-making authority. Matters are evaluated carefully at the outset to determine the most effective path forward, whether through negotiated resolution or litigation.
Trust and probate litigation services include:
Each matter is approached with a clear understanding of the legal issues and the client’s objectives.
We frequently advise clients on matters related to this practice area. Below are answers to some of the most common questions we receive.
California’s Welfare and Institutions Code defines undue influence as “excessive persuasion that causes another person to act or refrain from acting by overcoming a person’s free will and results in inequity.” Typically the person contesting a trust has the burden to prove undue influence occurred, but under California law, a presumption of undue influence arises when a person who had a confidential relationship with the settlor and was active in procuring the trust receives a disproportionate benefit. If all three of these elements are shown, the burden then shifts to that benefited person to show the transfer was not the product of undue influence. Evidence of isolation, dependence, and cognitive decline is often central to these cases.
Self-dealing by a trustee is generally not allowed. Beneficiaries can petition the probate court directly, and an attorney can seek a temporary restraining order to freeze assets pending the outcome. Among other remedies, California courts can surcharge a trustee for losses caused by self-dealing, order the disgorgement of profits the trustee received, impose a constructive trust on improperly acquired assets, and remove the trustee. In cases of intentional misconduct, punitive damages may also be available.
A formal accounting follows the strict requirements set out by the California Probate Code. It may be filed with the probate court and subjected to judicial scrutiny or it may be provided directly to the beneficiaries. An informal accounting does not contain all of the required information in a formal accounting, and it is typically provided directly to beneficiaries outside of court as a cost-saving measure. Beneficiaries who receive an informal accounting may demand a formal one. If a trustee refuses to account, beneficiaries can petition the probate court to compel one under California Probate Code Section 17200.
Whether you have a specific matter in mind or just want to explore your options, our attorneys are here to help. Reach out to learn how we can assist you.
