What Is Trust Litigation?
Trust litigation arises when disputes emerge over the administration, validity, or interpretation of a trust. In California, trusts are governed primarily by the Probate Code, Division 9 (Sections 15000–19530), which establishes the rights and obligations of trustees, beneficiaries, and third parties. When those rights are genuinely violated—through mismanagement, self-dealing, undue influence, or outright fraud—litigation is the mechanism through which beneficiaries seek justice and courts restore the settlor's true intent. Just as often, though, a trustee who has done the job correctly finds themselves accused by a beneficiary who is unhappy with the outcome rather than the conduct, and that trustee needs an equally rigorous defense.
These disputes are heard in the probate division of the Los Angeles County Superior Court, where procedural rules and evidentiary standards differ meaningfully from general civil litigation. Attorney Ora Zarnegar brings focused experience in this specialized forum, representing both petitioners and respondents in contested trust matters throughout Los Angeles.
Trust Contests: Undue Influence, Lack of Capacity & Fraud
A trust contest challenges the validity of a trust instrument itself. Under California Probate Code Section 17200, a trustee or beneficiary may petition the court concerning the internal affairs of a trust, including proceedings to determine the validity of a trust provision. These claims frequently arise when a trust is amended late in a settlor's life—particularly when changes disproportionately benefit a caregiver, new spouse, or single family member at the expense of other natural objects of the settlor's bounty. But an unequal distribution is not, by itself, evidence of wrongdoing. Settlors are entitled to change their minds, and a late amendment often reflects exactly what the settlor wanted. Adlon Law brings trust contests where the evidence supports them and defends amendments that reflect the settlor's genuine, competent intent.
California courts apply a multi-factor analysis to evaluate undue influence, examining the vulnerability of the settlor, the apparent authority of the influencer, and whether the actions and tactics used were inequitable. Probate Code Section 86, incorporating the definition set forth in Welfare and Institutions Code Section 15610.70, identifies the factors courts use to evaluate undue influence—including the vulnerability of the victim, the influencer's apparent authority, and inequitable actions or outcomes. Adlon Law meticulously builds evidentiary records—medical documentation, witness testimony, financial patterns—to establish or rebut these claims with precision.
Breach of Fiduciary Duty
A trustee owes the highest duty recognized by law to the beneficiaries of the trust. Under Probate Code Sections 16000–16015, trustees must administer the trust solely in the interest of beneficiaries, avoid conflicts of interest, keep accurate records, and provide accountings upon request. When a trustee breaches these obligations—whether by commingling assets, making imprudent investments, engaging in self-dealing transactions, or failing to distribute trust property as directed—beneficiaries have the right to petition for surcharge, removal, and damages.
Ora Zarnegar represents beneficiaries seeking to hold trustees accountable for financial mismanagement and concealment. She represents trustees with equal commitment. Serving as trustee is a thankless job, and a trustee who administers the trust exactly as written is still exposed to surcharge petitions filed by beneficiaries who disagree with a distribution, resent a co-beneficiary, or are using litigation as leverage. Defending a trustee means demonstrating that each decision fell within the discretion the trust instrument granted, that the record is complete, and that the business judgment applied was reasonable at the time it was made—not with the benefit of hindsight.
Trust Accounting Disputes
Beneficiaries have a statutory right to receive accountings under Probate Code Sections 16060–16064. When a trustee refuses to account, provides incomplete or misleading financial information, or conceals transactions, a court-compelled accounting becomes necessary. These proceedings often reveal deeper problems—unauthorized distributions, excessive trustee compensation, or undisclosed transfers to related parties. Adlon Law pursues forensic analysis of trust records to identify discrepancies and present clear, compelling evidence to the court. On the other side, the firm prepares and defends trustee accountings—documenting expenses, substantiating compensation as reasonable under the circumstances, and answering objections that mistake ordinary administration costs for misconduct.
Trustee Removal & Suspension
Under Probate Code Section 15642, the court may remove a trustee who has breached the trust, is unfit to administer it, where hostility or lack of cooperation among cotrustees impairs administration, or for other good cause. Removal petitions often accompany breach of fiduciary duty claims and may include requests for the appointment of a temporary or successor trustee. Where removal is warranted, Ora works to demonstrate a clear pattern of misconduct or incapacity that justifies judicial intervention, seeking protective orders where trust assets are at immediate risk of dissipation. Where it is not, she defends against removal—because removal petitions are also filed strategically, to displace a trustee the settlor deliberately chose or to pressure a settlement. Courts are reluctant to override a settlor's selection of trustee absent real cause, and that reluctance is the foundation of a well-built defense.
How Adlon Law Approaches Trust Litigation
Every trust dispute is rooted in a family's history, and the legal strategy must account for both the emotional and financial dimensions at stake. Ora Zarnegar combines thorough knowledge of California probate law with a disciplined, litigation-ready approach. She evaluates each case on the merits, develops a clear theory of the case early, and prepares for trial from the outset—even when resolution through mediation or settlement is the preferred path.
Adlon Law serves clients across the greater Los Angeles area, including Beverly Hills, Encino, Woodland Hills, Brentwood, Pacific Palisades, West Los Angeles, and Santa Monica. Whether you are a beneficiary seeking to protect your inheritance, a fiduciary defending your administration, or a family navigating a contested trust amendment, the firm provides direct, senior-attorney representation at every stage of the proceeding.
To discuss your trust litigation matter with Ora Zarnegar, call 424-401-3040 or email ora@adlonlaw.com to schedule a consultation.