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 violated—through mismanagement, self-dealing, undue influence, or outright fraud—litigation becomes the mechanism through which beneficiaries seek justice and courts restore the settlor's true intent.
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, an interested person may petition the court to determine whether a trust was procured through undue influence, executed when the settlor lacked testamentary capacity, or obtained by fraud or duress. 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.
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 codifies a presumption of undue influence when certain conditions are met, shifting the burden of proof to the party who benefited from the disputed amendment. 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 also defends trustees who have been wrongly accused of impropriety, ensuring that their good-faith administration is supported by complete documentation and sound legal argument.
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.
Trustee Removal & Suspension
Under Probate Code Section 15642, the court may remove a trustee who has breached the trust, is unfit to administer it, or whose continued service is hostile to the interests of the beneficiaries. Removal petitions often accompany breach of fiduciary duty claims and may include requests for the appointment of a temporary or successor trustee. Ora works to demonstrate a clear pattern of misconduct or incapacity that warrants judicial intervention, seeking protective orders where trust assets are at immediate risk of dissipation.
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 (818) 815-8853 or email ora@adlonlaw.com to schedule a consultation.