I received a "notification by trustee". What is it?

It is the formal notice that starts the clock. From its date, you generally have 120 days to contest the trust and 60 days to request a copy of its terms. Do not put it in a drawer.

The trust has a "no-contest" clause. Will I lose everything if I challenge it?

California enforces those clauses only in limited situations, and a challenge brought with probable cause is protected. We assess that before anything is filed.

My sibling won't give me the trust documents. What can I do?

As a beneficiary you are entitled to the terms and to an accounting. If the trustee refuses, the court will order it, and the refusal itself tells us something.

Can a trustee be paid, and how much?

Yes, reasonable compensation, and the accounting has to show it. Excessive fees are one of the most common reasons trustees are surcharged.

Can we settle this without the whole family ending up in court?

Often, through mediation or a negotiated agreement, and probate courts encourage it. We prepare every case as if it will be tried so that settlement is on your terms.

What we handle · Los Angeles

Trust & Estate Dispute Lawyer in Los Angeles

Neva let the last word be theirs.

If you're bringing the claim

The trust was changed in the final months. The trustee won't show you the accounts. A sibling who "helped" with the paperwork ended up with the house. Trust litigation and probate litigation are about what the person actually wanted, and whether the people in charge are doing their job. A trust litigation attorney in Los Angeles asks those questions with the authority of the Probate Code behind them.

If you're defending one

Or you are the trustee or executor being accused by beneficiaries, or the family member who was left the larger share and is now being told it was undue influence. Trustees have real duties and real protection when they follow them. We defend the ones who did, and help those who inherited more than their siblings expected.

Common situations we handle

“The trust was changed right before my parent died.”
“The trustee won't give us an accounting.”
“My sibling was added to the deed and we never knew.”
“My parent had dementia when the new will was signed.”
“I'm the trustee and the beneficiaries are accusing me.”
“The estate is being drained by someone with power of attorney.”

What the law says

A will or trust can be set aside if the person lacked capacity, was unduly influenced, or was defrauded, and California's probate law sets out how each is proven. Certain gifts — to a caregiver, or to the person who drafted the document — are presumed invalid unless rebutted. Trustees must act in the beneficiaries' interest, keep them informed, account for every dollar, and avoid self-dealing; a trustee who doesn't can be removed, surcharged and made to pay the cost of the fight.

Probate litigation also includes petitions to recover property that belongs to a trust or estate, with the possibility of double damages against someone who took it in bad faith.

What's at stake

The house, the accounts, the share you were meant to receive, an honest accounting, removal of a trustee who is failing, and in bad-faith cases the return of property at twice its value. Costs can be shifted to the party who caused the problem. Family relationships are at stake too; we approach these cases with that in mind.

How long you have

Once a trust becomes irrevocable (usually on death) the trustee must send a notice, and a challenge to the trust generally has to be brought within 120 days of that notice. Will contests must be filed before the will is admitted to probate or shortly after. Claims against a trustee generally have three years from when you learned of the breach. These deadlines are short and unforgiving; call as soon as a notice arrives.

What happens next

1
Tell us what happened
The quiz, a text, or a call. Fifteen minutes, free.
2
We tell you straight
Whether you have a case, what it would take, and which way of working applies.
3
Clear terms in writing
If we take it, you get clear terms in writing before anything starts.

Three ways we work. Some cases we take on contingency — no fee unless we win; if there's no recovery you don't pay us a fee, though you may still be responsible for case costs, which we explain in writing before anything starts. Some cases we do for a fixed fee you know before we begin. Some are hourly. We tell you which applies in the first call.

Why Cirkveni 2.0

Trial training

Neva trained on the plaintiffs' trial team at a top Los Angeles litigation firm. Every case is prepared as if it will go to trial.

Direct access

You deal with the lawyer. Your calls and texts reach Neva, not a queue.

Straight talk

Plain English, honest about the odds, and a fee you know before we start.

Second generation

The first Cirkveni law office opened in 1992. Same instinct, rebuilt for now.

What a client said

“I would recommend Neva. She is knowledgeable, detailed, patient, and did a great job of explaining the process and answering my questions. I was very pleased with the experience and settlement.”

— Cathy P., Google review

5.0 on Google

Results depend on the facts of each case.

Questions people ask

Find out where you stand.

Text or call +1 (424) 230-3912, or take the five-question quiz.

Do I have a case?Text +1 (424) 230-3912 Call +1 (424) 230-3912