When Attorneys Take from a Trust: Trustee Rights and Lessons from the Steve McQueen Painting Case
Can an attorney end up as the defendant in a trust recovery lawsuit? Absolutely—and when trust assets are involved, the legal exposure can be substantial. A recent case making headlines involving Steve McQueen’s estate and a $70 million Jackson Pollock painting puts this issue front and center, raising important questions about trustee rights, fiduciary obligations, and whether legal professionals can be held accountable for property wrongfully retained or mishandled.
At Trust Law Partners, we represent beneficiaries and trustees in high-stakes trust litigation. While most trust disputes involve family members, it’s not uncommon for third parties including lawyers to become part of the problem when they assert rights to assets that arguably belong to the trust. The Steve McQueen painting case offers a timely opportunity to discuss how trustees or beneficiaries can pursue remedies when someone, especially someone in a professional role, takes or holds trust assets without rightful claim.
Background: A $70 Million Dispute Over a Lost Deal
According to court filings in Molly McQueen v. Brent Borchert (L.A. Super. Ct. No. 25STCV22954), Steve McQueen allegedly attempted to trade a Jackson Pollock painting to a screenwriter couple in exchange for a motorcycle and real estate. That informal deal allegedly collapsed: the property was never transferred, the motorcycle was crashed, and McQueen reportedly demanded the painting back before his death in 1980. Now, more than four decades later, his granddaughter Molly McQueen seeks to reclaim the painting from attorney Brent Borchert, the son of the now-deceased couple who originally received the artwork.
The case involves four claims: accounting, unjust enrichment, constructive trust, and replevin (a remedy for the return of personal property). Borchert, who represents himself, denies wrongdoing and asserts over a dozen affirmative defenses. The painting, reportedly worth $70 million, is currently displayed in his family home.
The lawsuit raises a deeper issue relevant to estate litigation: Can a trustee—or someone acting on behalf of a trust—sue a lawyer who wrongfully retains or benefits from trust assets?
Standing: Who Has the Right to Bring the Lawsuit?
Before diving into claims like unjust enrichment or constructive trust, a crucial threshold issue must be addressed: Who has standing to sue on behalf of the trust or estate?
In the McQueen case, legal experts have already flagged a potential flaw: Molly McQueen may not be the personal representative or administrator of the estate. According to California Probate Code, only the executor, administrator, or properly appointed successor trustee has legal standing to assert claims on behalf of a decedent’s estate or trust.
This is more than a technical issue. In trust litigation, failure to establish standing can lead to a demurrer—a motion that challenges the legal sufficiency of the complaint—and may result in early dismissal of the case. Anyone pursuing recovery for the estate must have proper authority.
Still, Molly’s claims may survive Borchert’s anticipated objections. California Probate Code section 850 and the case of Spears v. Spears (2023) 97 Cal.App.5th 1294 (no, not the Britney case), have likely expanded the ability of interested parties, including trust beneficiaries, to bring actions on their own behalf to recover assets for themselves or for the trust.
How Trustees Can Pursue Property Wrongfully Taken or Retained
If a trustee or other interested party believes someone is holding trust assets without legal justification, there are several avenues of recovery that are often pursued.
Common claims in these situations include:
- Constructive Trust: A legal remedy imposed by courts to compel someone holding property unjustly to transfer it to the rightful owner. This does not require a written trust document—it’s based on equity and fairness.
- Recovery of Trust Property under Probate Code Section 850: This statute broadly allows most interested persons to bring a claim to recover property for an estate or trust, where it is wrongfully held by a third party.
- Replevin: A legal action for the return of specific property. In California, this often involves a detailed motion showing the asset belongs to the trust or estate.
- Unjust Enrichment: This claim asserts that someone benefitted at the expense of the trust without legal justification.
- Conversion: A civil claim that can apply when someone exercises control over another’s property without permission.
These tools are designed to help trustees recover what rightfully belongs to the trust, even when the asset has changed hands or years have passed. When the person holding the asset is an attorney—as in the McQueen case—the legal analysis becomes more nuanced.
Attorney Defendants in Trust Litigation
Attorneys are not immune from trust and estate lawsuits. In fact, courts have held that lawyers can be sued when they:
- Accept assets from a trust or estate in a private deal
- Use their legal knowledge to shield or retain those assets
- Fail to properly disclaim or return assets when asked
- Represent themselves in a way that interferes with the trust’s administration
A key consideration is whether the lawyer was acting in a fiduciary capacity or was a third party who wrongfully acquired property. In either scenario, the trustee may have viable legal claims. The fact that Borchert is an attorney does not shield him from liability if he knowingly holds onto property that was never properly transferred out of the estate.
The Role of Evidence: Proving the Asset Belongs to the Trust or Estate
Trust litigation often turns on evidence—especially in cases involving oral deals, lost records, or informal arrangements. In the McQueen lawsuit, the plaintiff will likely face challenges proving that the painting was never rightfully transferred or was meant to be returned.
For trustees in similar situations, here’s what strengthens the case:
- Documentary evidence such as letters, receipts, or drafts of agreements
- Testimony from people who witnessed the original transfer or attempted deal
- Expert appraisals or historical ownership records
- Timeline documentation to show when the asset was last controlled by the decedent
Without strong documentation, the court may find it difficult to rule in favor of the trust—especially when decades have passed, and the parties to the original transaction are deceased.
Legal Strategy Considerations
If you are a trustee considering legal action over a missing or disputed asset, timing and strategy are critical.
- Get letters of administration or letters testamentary if you have not already. These legal documents are essential to show standing.
- File a petition in probate court to bring the matter within the scope of trust litigation rather than ordinary civil court, if appropriate.
- Request a court order preserving the asset, especially if it’s moveable or could be sold.
- Be prepared for statute of limitations arguments, particularly if the asset has been out of the estate’s control for many years.
In cases involving attorneys, there may also be questions of professional ethics and conflicts of interest. A lawyer who acquired or retained trust assets may face scrutiny not just in court, but also before the State Bar.
Practical Takeaways for Trustees and Beneficiaries
The McQueen case may ultimately turn on technicalities like standing and chain of title, but the broader message is clear: Trustees must act when estate property is improperly held by others, including attorneys. And when large sums or irreplaceable assets are at stake, litigation may be the only path forward.
This case also offers several practical lessons:
- Get formal agreements in writing, especially when high-value assets are exchanged informally.
- Make sure the right person brings the lawsuit—either the administrator, trustee, or someone with a court-approved assignment of rights or other claimed interest in the property.
- Don’t delay. Passage of time only makes these cases harder to prove.
- Be cautious when lawyers are involved as opposing parties. Their legal knowledge may give them perceived leverage, but it does not excuse them from accountability.
- Hire experienced trust litigation counsel. These cases are complex, and strategy matters from day one.
Trust Litigation Isn’t Just Family Drama
Trust and estate disputes often involve family dynamics, but they also frequently feature professional actors, including attorneys, financial advisors, or business associates of the decedent. When valuable property is in dispute, the trustee must investigate, assert their authority, and consider litigation if necessary.
The Trust Law Partners team frequently litigates cases involving asset recovery, constructive trust claims, and disputes over oral or informal deals made by the deceased. We know how to frame these cases in a way that is persuasive to courts and builds leverage for negotiation or trial.
When a lawyer—or anyone else—holds an asset that doesn’t belong to them, trustees have options. The law provides a path to reclaim what’s rightfully part of the trust. The key is knowing when to act, and how to build a case that courts will take seriously.
We handle high-value trust disputes on a contingency basis throughout California. That means no upfront legal fees — and no payment unless we recover money for you. Contact us today at
