We often see siblings litigate in California over the allocation of tangible personal property held in the family trust. When Mom and Dad have passed, the tug of war may involve jewelry, paintings, photos, firearms, furniture, saddles, vehicles, table settings – and yes, even a bobble head!

My colleague Kim McGhee recently hosted a fun

Daniel Spector has litigated trust and estate cases in Northern California since the early 1990s. He is now focusing his practice on mediating trust and estate disputes across California, working with Judicate West. Dan is a colleague on the Executive Committee of the Trusts and Estates Section of the California Lawyers Association, and I

California trust disputes often involve allegations that trustees should be removed and suspended because they are acting improperly or have conflicts of interest.

Attorney Denise Chambliss, author of an informative article on trustee removal, spoke with me on Trust Me!, the podcast of the Trusts and Estates Section of the California Lawyers Association. 

We’ve written about how co-trustee conflict fuels California trust litigation and the problem seems to be growing.  Trust administration grinds to a halt because a co-trustee (or two or three) is hostile, stubborn, self-serving and/or apathetic.  While trusts are supposed to provide a streamlined alternative to a court-supervised probate proceeding, the efficiency may be is

(Editor’s Note: This post has been updated following the Court of Appeal’s opinion after rehearing on April 5, 2021, and the Supreme Court’s subsequent denial of review or depublication.)

Trust and estate litigators, and mediators, are buzzing over a recent decision from the California Court of Appeal that validates mandatory mediation of trust disputes.

In

Many California trust and estate disputes involve the allocation of real estate amongst several beneficiaries.  Mom and Dad, may they rest in peace, owned an upscale home in the Fab 40s neighborhood of East Sacramento, a sweet Tahoe vacation home, and a few rental duplexes, but did not specify how these assets were to

Bette Epstein, Esq.

Many California trust and estate disputes are resolved by mediation instead of a final adjudication in the Superior Court.  Mediation can offer a custom-crafted resolution to a case that avoids the stress, expense and unpredictability of a trial.  When parties choose to mediate, there is often a deal to be found even