Wade Litigation represents beneficiaries, heirs, trustees, executors and family members in Novato and Marin County in probate and trust litigation: will contests, trust contests, disputes over the administration of an estate or trust, claims of undue influence or lack of capacity, breach of fiduciary duty, contested accountings and elder financial abuse. Our attorneys appear regularly in the probate division of the Marin County Superior Court at the Civic Center in San Rafael, and we offer a no-cost case evaluation.
When Probate Litigation Arises
Most estates are administered without a fight. Disputes arise when a will or trust is changed late in life in favor of one person, when a caregiver or new companion appears in the estate plan, when a trustee or executor fails to account or treats the estate as their own, when siblings disagree about a family home or business, or when a promised inheritance never arrives. The probate court has broad power to resolve these disputes, and it moves on its own calendar and rules.
Novato sits at the northern end of Marin County, a short drive from the county courthouse in San Rafael and from our San Francisco office. Marin’s high property values mean that even routine disputes here, from a contested trust to a boundary dispute between neighbors, often involve assets worth far more than in most of California.
Will and Trust Contests
A will or trust can be set aside if the person who signed it lacked the mental capacity to understand what they were doing, if it was the product of undue influence by someone in a position of trust, if it was procured by fraud, or if it was not properly executed. California law presumes undue influence in certain situations, including gifts to caregivers and to the person who drafted the document. These cases are won with medical records, witness testimony, financial records and a clear timeline, and the deadlines to bring them are short, often 120 days from receiving notice that a trust has become irrevocable.
Trustee and Executor Misconduct
A trustee or executor is a fiduciary who must act in the beneficiaries’ interest, keep them informed, invest prudently, avoid self-dealing and account for every dollar. When a fiduciary fails, beneficiaries can petition the court to compel an accounting, surcharge the fiduciary for losses, and remove and replace them. We also defend trustees and executors who are accused of wrongdoing and need to show that they administered the estate properly.
Elder Financial Abuse
California’s Elder Abuse and Dependent Adult Civil Protection Act provides strong remedies, including attorney fees and in some cases double damages, when a person takes the property of an elder through undue influence, fraud or theft. These claims are often brought alongside a trust contest, and we pursue them against family members, caregivers and third parties who have taken advantage of an older person.
Probate Administration Disputes
Even without a contest, administration generates disputes: whether property belongs to the estate or to someone else, how creditors’ claims are handled, whether a house should be sold or distributed, and what the executor is entitled to be paid. Petitions under Probate Code section 850 resolve disputes over title to property, and we handle them for estates and for the people who claim against them.
Why Novato Clients Choose Wade Litigation
Our firm was built by litigators. We prepare every matter to be decided by a judge, which is what produces strong settlements and credible positions in court. Clients also choose us because we return calls, explain the process in plain language, and tell them where their case stands at every step. Our founder, Amiel Wade, has built a record of more than 300 winning cases, and the firm has been recognized by the National Academy of Family Law Attorneys, the American Institute of Family Law Attorneys and the American Institute of Legal Professionals.
Serving All of Marin County
We represent beneficiaries, heirs and fiduciaries in Novato, San Rafael, Mill Valley, Sausalito, Tiburon, Larkspur, Corte Madera, San Anselmo and every other community in Marin County. Consultations are available by phone and video, and in person by appointment. Contact Wade Litigation for a no-cost case evaluation, or learn more about our Novato civil litigation practice.
How long do I have to contest a trust in California?
Usually 120 days from the date the trustee serves the statutory notice that the trust has become irrevocable, or 60 days from receiving a copy of the trust if that is later. Will contests have their own deadlines tied to the probate petition. Act quickly.
What is undue influence?
Excessive persuasion that overcomes a person’s free will and causes them to act against their own wishes. The law considers the victim’s vulnerability, the influencer’s authority, the tactics used and the fairness of the result, and presumes undue influence in certain relationships.
Can a trustee be removed?
Yes. The probate court can remove a trustee who breaches the trust, fails to account, has a conflict of interest, or is otherwise unfit, and can appoint a successor. Beneficiaries petition the court for removal.
Which court hears probate cases for Novato residents?
The probate division of Marin County Superior Court. Probate matters have their own local rules, forms and calendars, which is one reason local experience matters.
Do I need probate if there is a trust?
Assets properly titled in a trust pass without probate. Assets left outside the trust may still require probate or a simplified procedure, and disputes about the trust itself are heard by the probate court.
Who pays for probate litigation?
Usually each side pays its own fees, but the court can award fees from the estate or trust in some circumstances, and elder abuse claims carry a statutory fee award for the prevailing plaintiff. We discuss fee options at the first consultation.
Clients Throughout California
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