Estate & Trust Litigation in San Jose, Santa Cruz, and the Monterey Peninsula
The estate and trust litigation attorneys at Penrose Chun & Gorman LLP represent trustees, personal representatives, administrators, conservators, beneficiaries and other parties in all types of estate and trust disputes. We represent clients in mediations, arbitrations, trials and appeals throughout the greater San Jose, Santa Cruz and Monterey Peninsula areas.
Our representation includes, but is not limited to:
- Will or Trust Contests
- Allegations of Incapacity/Undue Influence/Elder Abuse
- Disputes regarding the Interpretation of Trust Provisions
- Accounting Disputes
- Surcharge of a Trustee
- Removal of a Fiduciary
- Recovery of Assets
- Disputes of Community Property/Quasi-Property Rights
- Title Disputes
Estate and trust litigation matters are particularly sensitive, especially when the dispute involves family members. The grief suffered over the recent loss of a loved one often creates tension among family members, and this tension can lead to misdirected anger and ultimately a lawsuit. Long dormant family disputes may arise and trigger intra-family conflict. Many trust, estate, and probate disputes are actually disputes over family relationships as much as they are disputes over property.
Common Causes of Estate and Trust Disputes
A dispute may arise for a variety of reasons, usually because of dissatisfaction with the decedent’s estate plan. This frequently happens when an heir is disinherited, or receives a smaller share of the estate than he or she anticipated. This can also occur in second marriage scenarios when the decedent’s children are at direct odds with a stepparent.
Disputes frequently arise over the construction and validity of an estate planning document, or over allegations of fraud, coercion or undue influence. Disagreements are also common between beneficiaries of a trust or estate and a fiduciary. Family members may disagree over who should act as the fiduciary, or the beneficiaries may be concerned about financial decisions or investments made by the fiduciary. Concerns over potential conflicts of interest, whether real or imagined, often lead to litigation, particularly when the fiduciary is also a beneficiary.
Experienced Estate and Trust Litigation Representation
Our estate and trust litigators have the knowledge, experience and advocacy skill necessary to successfully resolve your trust and estate dispute. Please contact Penrose Chun & Gorman LLP for a consultation regarding your estate and trust litigation matter.
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Steven D. Penrose
Practice Areas: Estate Planning, Estate and Trust Litigation, Business Succession Planning, Probate Litigation, Estate and Gift Tax Planning, Estates and Trusts, Fiduciary Law, Powers of Attorney, Advance Health Care Directives, Real Estate Law, Entity Formation, Civil Litigation
Edward L. Chun
Practice Areas: Real Estate Litigation, Estate and Trust Litigation, Business/General Litigation, Civil Litigation
J. Kenneth Gorman
Practice Areas: Estate and Trust Litigation, Civil Litigation, Construction Defects Litigation, Personal Injury, Business Litigation, Real Estate Litigation, Agricultural Litigation
Anna M. Penrose-Levig
Practice Areas: Estate Planning, Civil Litigation, Estates and Trusts, Powers of Attorney, Advance Health Care Directives
Practice Areas: Estate Planning, Trust Administration, Probate Litigation, Civil Litigation