A trust is supposed to carry out someone’s wishes and keep the peace after they’re gone. But when a trustee stops returning calls, refuses to share records, sells property without explanation, or seems to be treating the trust like their own bank account, that peace falls apart quickly. If you’re a beneficiary who feels shut out, or a trustee who’s suddenly being accused of wrongdoing, you need someone who understands both the law and the family dynamics underneath it. That’s where a California trust litigation attorney comes in. David Yoshida represents beneficiaries, heirs and trustees in trust disputes throughout California, helping them understand their rights, protect what’s theirs, and resolve conflict as efficiently as possible.
These disputes are rarely just about money. They often involve siblings, stepfamilies and decades of history, all while you’re still grieving. David takes the time to listen, explains your options in plain language, and gives you an honest read on your situation before you decide anything.
Trust litigation covers any court case about how a trust is created, interpreted or managed. In California, these disputes are usually brought as a petition under Probate Code section 17200, which lets a trustee or beneficiary ask the superior court to rule on nearly any question about the trust’s internal affairs. Because of how California’s courts are organized, trust cases are heard in the court’s probate department, even though they’re trust disputes rather than the probate of a will. A trust dispute lawyer can help you:
Many cases never reach trial. Often the right letter, a formal request for an accounting, or a well-prepared mediation is enough to get things back on track.
A trustee is a fiduciary, which means California law holds them to the highest standard of honesty and care. Breach of fiduciary duty claims often involve self-dealing (using trust property for personal benefit), commingling trust money with personal funds, making risky or careless investments, selling property below value, or paying themselves unreasonable fees.
One of the most common complaints beneficiaries have is simply being kept in the dark. California trustees have a legal duty to keep beneficiaries reasonably informed and to respond to reasonable requests for information (Probate Code section 16060). Trustees of irrevocable trusts generally must also provide an accounting at least once a year, at the end of the trust, and when a trustee changes (Probate Code section 16062). When a trustee won’t comply, the court can order them to.
Some trustees hold onto assets for years without a good reason, or distribute to some beneficiaries and not others. A trustee has a duty to administer the trust without unnecessary delay and to treat all beneficiaries impartially. If distributions have stalled, the court can order the trustee to act.
If a trust or a last-minute amendment was the product of undue influence, signed when your loved one lacked capacity, or forged, it can be challenged in court. These cases have their own short deadline.
When trust language is unclear or didn’t anticipate a situation, the trustee or a beneficiary can ask the court for instructions on how to interpret it, rather than guessing and risking liability later.
When siblings or family members serve as co-trustees, disagreements can bring administration to a standstill. California law allows the court to step in, and even remove a co-trustee, when conflict between co-trustees impairs the trust (Probate Code section 15642).
Sometimes the problems start before the trust ever takes effect, when a caregiver or relative isolates an aging parent and redirects their money or property. These cases often overlap with trust litigation, and California law allows a court to award twice the value of property taken in bad faith (Probate Code section 859).
California’s Probate Code sets out a clear list of duties every trustee owes. The most important include:
When a trustee falls short of any of these duties, beneficiaries have options.
A beneficiary or co-trustee can ask the court to remove a trustee for a number of reasons under Probate Code section 15642, including:
If trust property is at risk while the case is pending, the court can act quickly: it can suspend the trustee’s powers and order the property turned over to a temporary trustee or receiver. That can be critical when assets are being sold, hidden or spent.
California gives beneficiaries a wide range of tools when a trustee breaches the trust (Probate Code section 16420). Depending on the facts, the court can:
Trust disputes have deadlines, and some are short:
Keep every notice, letter and envelope a trustee sends you, because the date you received it can decide whether a claim is still open.
Most cases follow a similar path:
A beneficiary who is worried about a no-contest clause should know that asking for information, an accounting or a trustee’s removal generally isn’t treated as a contest of the trust itself. Still, have any no-contest clause reviewed before you file.
Serving as a trustee is often a thankless job. You may have agreed to it out of love for a parent or spouse, only to find yourself managing properties, paying bills, filing tax returns and answering to siblings or stepfamily members who question every decision. When a beneficiary starts sending angry emails, demanding records or threatening to sue, it can feel deeply unfair, especially when you’ve been doing your best to follow the trust.
David represents trustees throughout California, and helping them protect themselves is a core part of his practice. Most accusations against trustees come from misunderstandings, family history or a beneficiary who simply doesn’t know how trust administration works. Handled early and carefully, many of them can be resolved before they ever reach a courtroom.
The best protection is careful administration: keep trust money in a separate account, keep receipts and records for every transaction, communicate with beneficiaries in writing, provide regular accountings, and get professional help with taxes, valuations and real estate. When a trustee acts in good faith and documents their decisions, they’re in a much stronger position if a dispute arises. If you’ve been accused of wrongdoing, don’t wait. Talking with a trust litigation attorney early can protect you from personal liability and keep a disagreement from turning into a lawsuit.
Some trusts hold assets that can’t sit untouched while a dispute plays out: show horses, breeding stock, boarding operations, ranch property, or beloved pets with their own care instructions. A horse still needs to be fed, boarded, trained and seen by a vet every day the case is pending, and its value can change quickly. Because David also practices equine and animal law, he understands how these assets are valued, insured and cared for, and how to ask the court for interim orders that protect them while the dispute is resolved. California also allows trusts for the care of animals (Probate Code section 15212), and those trusts can create their own disputes over how money is spent and who controls the animal.
David Yoshida’s office is in Calabasas, at 4500 Park Granada, Suite 202, in The Park Calabasas, just off the 101 Ventura Freeway. That puts him within easy reach of families across the Conejo Valley, the San Fernando Valley and the west side of Los Angeles County, including Agoura Hills, Hidden Hills, Westlake Village, Thousand Oaks and Woodland Hills.
Trust cases are usually heard in the probate court of the county where the trust is administered, so David represents beneficiaries and trustees whose cases are filed in Los Angeles County, Ventura County and elsewhere in California. Wherever your case is, the first step is the same: a conversation about what’s happening and what your deadlines are.
Watching a trust your loved one built get mismanaged, or being accused of mismanaging it yourself, is exhausting. You shouldn’t have to sort through the records, the deadlines and the family tension on your own. If something about the way a trust is being handled doesn’t feel right, trust that instinct and get answers.
When you reach out, David will listen to what’s happening, look at the documents and the dates, and tell you honestly where you stand. If there’s a case worth pursuing, he’ll explain how to protect it. If there’s a simpler way to fix the problem, he’ll tell you that too.
Trust deadlines don’t pause for grief, and assets can disappear while you wait. The sooner you talk with David, the more options you’ll have.
Direct access. You work with David Yoshida himself, not a rotating team. Virtual consultations. Families anywhere in California can meet with David by video. Read what clients say on the Reviews page.
David litigates in California state and federal courts and has served more than 500 clients.
His results include an eight-figure settlement. See more on the Results page.
You'll always know where your case stands and what it's costing.
A trust litigation attorney represents beneficiaries, heirs or trustees in disputes over how a trust was created, interpreted or managed. In California, that can mean demanding records and accountings, challenging an invalid trust or amendment, removing a trustee who isn’t doing the job, recovering misused assets, or defending a trustee against unfounded claims in probate court.
Yes, but technically you bring the case against the trustee, who controls the trust. Beneficiaries and trustees can file a petition in probate court under Probate Code section 17200 asking the court to decide almost any question about the trust, from compelling an accounting to removing the trustee or recovering property.
No. A California trustee must follow the trust’s terms and California law, act only in the beneficiaries’ interest, treat beneficiaries impartially, manage assets carefully, and keep beneficiaries reasonably informed. A trustee who breaks these rules can be ordered to repay losses, have their fees reduced, or be removed.
Start with a written request for a copy of the trust and an accounting. California trustees must keep beneficiaries reasonably informed and respond to reasonable requests (Probate Code section 16060). If the trustee still refuses, you can petition the probate court to order an accounting, and continued refusal can support removing the trustee.
You file a petition in probate court showing a valid reason, such as a breach of trust, unfitness, conflict among co-trustees, failure to act, or excessive fees (Probate Code section 15642). If assets are at risk while the case is pending, the court can suspend the trustee and appoint a temporary trustee or receiver.
In most cases, you have 120 days from the date the trustee sends you a formal notice after the trust creator’s death. If you ask for a copy of the trust during those 120 days, you get at least 60 days after it arrives, whichever deadline ends later (Probate Code section 16061.8).
Generally three years. The clock usually starts when you receive an account or written report that reveals the problem, or, if you never got one, when you discovered or reasonably should have discovered it (Probate Code section 16460).
California doesn’t set one fixed deadline, but a trustee must administer the trust without unnecessary delay. How long that takes depends on the assets, debts and taxes involved, and trusts holding real estate, businesses or disputed assets usually take longer than simple ones. If a trustee is stalling without a good reason, a court can order distributions.
Usually not right away. The trustee first has to gather the assets, pay debts, expenses and taxes, and in many cases wait out the 120-day contest period before distributing. If you’re facing real hardship, a trustee may be able to make a partial distribution, and a court can step in if the trustee is unreasonably holding everything back.
It depends mostly on how far the case goes. A dispute resolved through a demand letter or mediation usually costs far less than one that goes to trial. In some situations, California law lets the court shift attorney’s fees, such as when a trustee opposes a beneficiary’s accounting challenge in bad faith (Probate Code section 17211) or when property was taken in bad faith (Probate Code section 859). Ask about fees and how they’re structured in your first conversation.
Many California probate courts send trust disputes to mediation before trial. Under Breslin v. Breslin (2021), a beneficiary who receives notice of a court-ordered mediation and chooses not to take part can be bound by the settlement the others reach, so never ignore a mediation notice.
Yes. In California it’s common for a child or spouse to serve as trustee and also inherit under the trust. But the dual role doesn’t change their duties: they still have to treat every other beneficiary fairly and can’t favor themselves. Conflicts of interest like this are one of the most common sources of trust litigation.
