DK Trust Law PC

Trust and estate disputes arise when emotions, money, and family intersect. At DK Trust Law PC, we handle the full spectrum of trust and estate litigation with the expertise and strategic insight needed to protect your interests. Whether you're a beneficiary fighting for your rightful inheritance, a trustee defending against unfounded claims, or a family member concerned about exploitation of a vulnerable loved one, we provide sophisticated representation tailored to your specific situation.

Breach of Fiduciary Duty & Trustee Misconduct

When trustees fail to honor their obligations, beneficiaries suffer. Fiduciary breaches can range from simple negligence to deliberate self-dealing, including mismanagement of assets, failure to provide accountings, conflicts of interest, unauthorized transactions, and commingling of funds. We hold trustees accountable for violations of their duties of loyalty, impartiality, and prudent administration, seeking removal of bad actors, surcharge for losses, and restoration of misappropriated assets. Whether pursuing or defending these claims, we understand the complex interplay between the Probate Code, trust documents, and fiduciary obligations.

Elder Financial Abuse

Elder financial abuse cases demand immediate action and sophisticated legal strategy. These cases often involve undue influence over vulnerable adults, suspicious last-minute changes to estate plans, isolation of elders from family members, and misappropriation of funds by caregivers or family members. California's Elder Abuse Act provides powerful remedies including double damages and attorney's fees, but these cases require careful navigation of both civil and potential criminal proceedings. We work with forensic accountants, medical experts, and investigators to uncover abuse and recover stolen assets while protecting our elderly clients' dignity and autonomy.

Trust and Will Contests

Not all estate planning documents reflect the true intentions of the person who created them. We challenge and defend against contests involving lack of mental capacity, undue influence, fraud or forgery, and improper execution. These emotionally charged cases require delicate handling of family dynamics while aggressively pursuing the legal issues. We understand the statutory deadlines, burden-shifting presumptions, and evidentiary challenges unique to will and trust contests, and we know when to push for early resolution versus taking a case through trial.

Trust Administration Disputes

Trust administration should be straightforward, but disputes frequently arise over interpretation of trust terms, trustee compensation, investment decisions, distribution timing and amounts, and beneficiary rights to information. We represent both trustees seeking court guidance and beneficiaries demanding proper administration. Our approach focuses on practical solutions while protecting our clients' long-term interests, whether through negotiation, mediation, or litigation.

Conservatorship Litigation

Conservatorship proceedings involve the most vulnerable members of our community. We handle contested conservatorship petitions, allegations of conservator abuse, disputes over the conservatee's care and placement, and fights over control of substantial estates. These cases often involve competing family members with different views on care, capacity evaluations, and financial management. We navigate the complex procedural requirements while maintaining focus on the conservatee's best interests and statutory rights.

Beneficiary Rights & Representation

Beneficiaries often feel powerless when dealing with unresponsive or hostile trustees. We enforce beneficiaries' rights to accountings and information, proper trust administration, impartial treatment, and timely distributions. When trustees hide behind legal technicalities or use trust funds to finance unnecessary litigation, we level the playing field by seeking attorney's fees and costs from the trust. We also defend beneficiaries against improper actions by trustees, including attempts to modify or terminate trusts, unreasonable withholding of distributions, and retaliatory conduct.

Trustee Defense & Advisory

Serving as trustee can feel like navigating a minefield, especially when beneficiaries are hostile or litigious. We defend trustees against claims of breach, guide them through complex administration issues, and help them fulfill their duties while protecting themselves from liability. This includes obtaining court instructions on ambiguous trust terms, defending accounting petitions, responding to beneficiary demands, and managing difficult family dynamics. We also provide proactive counsel to help trustees avoid litigation through proper administration practices and documentation.

Probate Litigation

While many estates pass outside of probate, court supervision is sometimes unavoidable. We handle all aspects of probate litigation including will contests and interpretation disputes, creditor claims and priority disputes, family allowance and spousal rights issues, and contested accountings and fees. We also pursue remedies for pre-death transfers that improperly depleted the estate and fight improper actions by executors and administrators.

Power of Attorney Abuse

Powers of attorney are powerful tools that can become weapons in the wrong hands. We pursue and defend claims involving misuse of financial powers of attorney, unauthorized gifts and transfers, breach of fiduciary duties by agents, and challenges to the validity of POA documents. These cases often overlap with elder abuse claims and require quick action to freeze assets and prevent further harm.

Every trust and estate dispute is unique, shaped by family dynamics, document language, and specific facts. At DK Trust Law PC, we bring deep expertise and strategic thinking to find the best path forward—whether that means aggressive litigation, strategic negotiation, or creative problem-solving. When your inheritance, legacy, or family's future is at stake, you need an advocate who understands both the legal complexities and the human elements of these deeply personal disputes.