
San Mateo Will & Trust Contest Lawyer
Disputes over a loved one’s estate can tear families apart and leave rightful heirs shut out of inheritances they were promised. If you’re questioning the fairness or legality of a will or trust in San Mateo, you’re not powerless.
These conflicts can feel deeply personal, but they are also legal matters with real financial consequences. A seasoned San Mateo Will & Trust Contest Lawyer can help enforce your rights and make sure the decedent's wishes are honored, not manipulated or erased.
Whether you’ve been unexpectedly disinherited, suspect undue influence, or are dealing with a trustee who refuses to communicate or distribute assets, the legal system offers a path forward.
That path is often complex and emotionally draining, especially when family dynamics are strained, but when millions of dollars are at stake, standing up for what’s right matters.
San Mateo Will And Trust Contest Guide
- Why Choose Trust Law Partners as Your San Mateo Will and Trust Contest Lawyer
- When You Should Contest a Will or Trust in San Mateo
- Signs of Trustee Misconduct in San Mateo Trust Disputes
- How Undue Influence and Capacity Issues Affect San Mateo Estate Disputes
- Contesting Disinheritance in San Mateo Inheritance Disputes
- What to Do If You Suspect Elder Financial Abuse in a San Mateo Estate Case
- Legal Grounds for Removing a Trustee in California
- How California’s Probate Litigation Timeline Affects Your Case
When you’re challenging or defending a will or trust, who you choose to represent you will change the outcome. The right legal team can mean the difference between walking away with what you’re owed and being shut out entirely.
Here’s why clients turn to us when family trust and estate disputes erupt:
- We work on contingency, so you don’t pay unless we recover money for you.
- We have a strong track record of winning high-value trust and will contests.
- We take on emotionally charged family disputes others walk away from.
- We represent disinherited heirs, abused elders, and misled family members.
- We fight against trustee misconduct, hidden assets, and forged amendments.
- We handle claims involving celebrity estates and confidential high-profile cases.
- We are expanding to help non-profits cut out of charitable bequests reclaim what’s rightfully theirs.
- We don’t shy away from trials if that’s what it takes—but we’ll also settle cases where it’s smart to do so.
- We understand that many clients come to us at their most vulnerable, and we are relentless in protecting their interests.
Not every disagreement calls for a courtroom, but there are red flags that suggest you should take legal action. If you're wondering whether a will or trust can be challenged, here are common signs that something isn't right:
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- You were suddenly written out of a will without explanation.
- You were suddenly written out of a will without explanation.
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- A new will or trust amendment surfaced shortly before the decedent passed.
- A new will or trust amendment surfaced shortly before the decedent passed.
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- A caregiver, sibling, or outsider gained an unusually large share of the estate.
- A caregiver, sibling, or outsider gained an unusually large share of the estate.
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- The decedent was in poor health or had cognitive impairments when documents were signed.
- The decedent was in poor health or had cognitive impairments when documents were signed.
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- A trustee is delaying distributions, hiding information, or misusing funds.
- A trustee is delaying distributions, hiding information, or misusing funds.
These issues are not just frustrating, they may be legally actionable. Under California law, wills and trusts must reflect the true intent of the person who created them.
If someone used manipulation, fraud, or pressure to alter estate plans, a San Mateo Will & Trust Contest Lawyer can help correct that injustice.
California Probate Code allows contests based on:
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- Undue influence
- Undue influence
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- Lack of capacity
- Lack of capacity
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- Forgery or fraud
- Forgery or fraud
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- Improper execution
- Improper execution
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- Revocation by a later document
- Revocation by a later document
If any of these factors are present, you may be able to set aside the offending documents and restore your rightful share.
The person chosen to oversee a trust, known as the trustee, has a legal duty to act in the best interest of the beneficiaries. Unfortunately, trustees sometimes take liberties, bend the rules, or outright abuse their power.
This is especially common when the trustee is a sibling or other family member with their own agenda.
Here’s how trustee misconduct may appear:
- Failing to communicate with beneficiaries
- Refusing to provide an accounting of trust assets
- Withholding distributions without explanation
- Using trust funds for personal benefit
- Making investments that benefit themselves
- Selling assets to friends or associates for less than market value
If you’ve noticed any of these behaviors, it’s time to talk to a lawyer. The court has the authority to remove a trustee, appoint a new one, and hold the original trustee personally liable for losses.
Common trustee offenses include:
- Breach of fiduciary duty
- Self-dealing
- Concealment of assets
- Deliberate delay of distributions
Trustees often count on beneficiaries being too confused, intimidated, or emotionally drained to push back. A skilled lawyer ensures that doesn’t happen.
Undue influence is one of the most common reasons for a will or trust contest in California. This occurs when someone manipulates the person making the will or trust, usually an elder, into leaving assets in a way that benefits the influencer at the expense of others.
Signs of undue influence include:
- Isolation of the elder from family or friends
- Abrupt changes to estate documents
- Large gifts to caregivers, new spouses, or acquaintances
- Estate plans that contradict lifelong patterns
- Use of guilt, threats, or deception
Similarly, lack of mental capacity is another valid reason to challenge a will or trust. If the decedent suffered from dementia, Alzheimer’s, or other cognitive impairments, they may not have understood what they were signing.
In such cases, a legal challenge can restore the estate to an earlier, valid version or ensure a fair distribution.
To prove these claims, you’ll need evidence such as:
- Medical records
- Testimony from doctors, friends, or caregivers
- Past versions of the will or trust
- Financial records showing suspicious transactions
These cases are rarely straightforward. Emotions run high, and the stakes are often immense. That’s why acting quickly and preserving evidence as soon as possible is uber-important.
Nothing feels more devastating than being left out of a parent’s will or trust. When a child or other close relative is disinherited, it often raises questions: Was this really what the decedent wanted? Were they manipulated? Were they mentally well? Did someone else interfere?
In California, being left out of an estate doesn’t always mean you’re out of options. A will or trust can be challenged if there’s reason to believe the disinheritance resulted from:
- Undue influence
- Mental incapacity
- Fraud or misrepresentation
- Mistake or coercion
A no-contest clause may also protect beneficiaries, but those clauses are not always enforceable if you have legitimate grounds for your claim.
Don’t assume that just because you were written out, you have no case. Every disinheritance situation is different, and a good attorney can help determine if the law supports your challenge.
What to Do If You Suspect Elder Financial Abuse in a San Mateo Estate Case
Elder financial abuse is more common than many people realize. In matters involving wills and trusts, abuse often takes the form of manipulation, pressure, or outright theft. The abuser is usually someone the elder trusted, such as a caregiver, adult child, or new spouse.
These cases are especially heart breaking when the elder is no longer alive to explain what happened.
In California, financial abuse of an elder is a serious civil offense. If you believe a will or trust was altered because of abuse, you may be able to challenge the changes in court.
A successful claim can result in the recovery of stolen assets, the invalidation of fraudulent documents, and financial penalties against the wrongdoer.
Red flags that point to financial abuse include:
- Sudden changes in a will or trust late in life
- Secretive behavior about finances
- Isolation of the elder from family and long-time friends
- Unexplained withdrawals or missing money
- Gifts or bequests to people who were not part of the elder’s life previously
If you suspect this kind of misconduct, time is not on your side. Preserving records, gathering witnesses, and taking legal steps early is key to protecting what remains of the estate.
Legal Grounds for Removing a Trustee in California
When a trustee fails to fulfill their responsibilities, removal may be necessary. California law requires trustees to act with honesty, care, and loyalty to the beneficiaries. They can be removed through court action when they fail to meet that standard.
A trustee may be removed for:
- Mismanaging or stealing trust funds
- Failing to communicate with beneficiaries
- Conflicts of interest
- Ignoring the terms of the trust
- Delays in distributing assets
- Hostile or abusive behavior toward family members
The court will consider whether the trustee's actions have harmed the beneficiaries or risk damaging the trust's purpose. If so, the judge can remove the trustee, appoint a new one, and order the return of any misused funds.
Here are signs a trustee may need to be replaced:
- Withholding information about the estate
- Refusing to explain financial decisions
- Transferring property without fair market value
- Favoring one beneficiary over another
If you believe the trustee is abusing their power, a San Mateo Will & Trust Content Lawyer can take immediate action to protect your rights.
How California’s Probate Litigation Timeline Affects Your Case
Probate litigation has strict time limits. If you are considering challenging a will, contesting a trust, or taking legal action against a trustee, you need to be aware of these deadlines. Waiting too long can permanently close the door on your case.
Key timelines include:
- A will contest must be filed within 120 days of the will being admitted to probate
- Trust challenges often need to be filed within 120 days of receiving formal notice
- Claims for breach of fiduciary duty may have a longer period, depending on when the misconduct was discovered
Missing these windows can lead to dismissal, even if your case is strong. The safest approach is to speak with a lawyer right away. Early involvement also makes it easier to gather evidence, track financial activity, and protect estate assets before they are lost.
Act quickly by doing the following:
- Gather copies of wills, trusts, and financial statements
- Save emails, letters, or notes from the decedent
- Write down your concerns with dates and examples
- Request a formal accounting if you haven’t received one
Taking these steps early gives you the advantage and strengthens your position in court.
Estate Litigation Involving Charitable Bequests
Some probate disputes do not involve families at all. In recent years, more legal actions have come from non-profit organizations that were expecting donations through a will or trust, only to be removed near the end of the donor’s life. These are often organizations the donor supported for decades.
If your non-profit was cut out of a planned gift without a clear reason, it may be possible to contest that change. California courts allow charities to challenge changes made under pressure, fraud, or while the donor was mentally impaired.
These cases can be handled on a contingency basis, which means your organization pays nothing unless funds are recovered. Even after legal fees, a charity may receive a portion of what was originally intended, rather than walking away with nothing.
Situations that may justify a claim include:
- A caregiver or relative persuading the donor to change their estate plan
- A sudden gift to a new person with no history of involvement
- A trust amendment signed during a time of illness or confusion
- Property that was supposed to be donated but was sold or diverted
Trust litigation offers a way for non-profits to restore lost gifts and honor the donor’s original intent.
What to Expect From a Probate Dispute in San Mateo
Contested estate matters are different from other legal cases. The conflicts are personal, often fueled by years of unresolved tension. The financial stakes are high, and emotions often run deep.
A typical probate dispute in San Mateo may involve:
- Filing a formal petition in probate court
- Serving legal notice to all interested parties
- Discovery of documents and depositions
- Mediation and negotiations
- Trial, if a settlement cannot be reached
Most cases resolve without trial, but preparation is key. A strong case can result in recovery of assets, removal of a dishonest trustee, or a court order distributing the estate fairly. The right legal strategy often makes the difference between success and disappointment.
Here are some outcomes beneficiaries may achieve:
- Reinstatement of a rightful inheritance
- Appointment of a new, neutral trustee
- A formal accounting of how the estate has been handled
- Recovery of stolen or misused assets
With the right support, you can take back control and fight for what your family member intended to leave you.
Call the Team That Gets Results
If you are involved in a will or trust dispute in San Mateo or the surrounding area, it is time to protect your financial future. Whether you are contesting a document, questioning a trustee, or looking to defend what was left to you, the court gives you the tools to act. You just need the right legal support to use them.
Trust Law Partners is a team of trial attorneys who focus only on high-value trust and estate disputes. Our lawyers have taken on complicated, bitter family battles and won results in cases that others would not touch. If you believe you have been wrongfully disinherited, ignored by a trustee, or manipulated out of your inheritance, we can help.
Call our San Mateo office at (650) 502-6292 today for a confidential case evaluation. We accept cases on a contingency fee basis, which means we only get paid if you do. You have nothing to lose by calling—and possibly a great deal to gain.