Palo Alto Trust Litigation Attorneys

Advocating for you

There are a variety of reasons why people might select to use a trust as part — or even the entirety — of their estate plan. Ordinarily assets of a trust do not pass through probate. Therefore, trusts can often provide greater privacy and discretion for the family. However, despite some of these advantages, issues can still arise. When there is a dispute over a trust, Chiles and Prochnow can advocate on your behalf.

Why are trusts litigated?

Trust can be litigated for a wide variety of reasons:

  • When original estate planning documents have been lost
  • When there are competing estate plans
  • When oral promises are not reflected in the trust

The causes for these disputes will vary, ranging from honest mistakes to incapacity or fraud. Our firm is dedicated to representing your interests.

Can I challenge a trust when there is fraud or my loved one did not understand what he or she was doing?

This question raises the issue of a trust that is formed or altered as a result of fraud, undue influence, duress or menace. The second part of the question raises the issue of the mental capacity of the trustor; did the creator of the trust understand the nature and substance of what he/she was doing?  A trustor who is legally competent but is suffering from a mental impairment or affected by advancing age can be particularly susceptible to undue influence. Therefore, it is common to see fraud, duress, undue influence or other improper form of coercion – including  elder abuse - occur in concert. If any of these improper acts have influenced or caused your loved one to change his/her trust, a challenge to that trust may be appropriate.

Rely on us to advocate on your behalf

At Chiles and Prochnow, our attorneys advocate in a determined and persistent manner, so your loved one’s wishes are followed. While many of our clients are referred to us by other lawyers, we also offer free consultations to the general public on trust and probate disputes. To schedule your appointment at our Palo Alto office, please use our  online contact form or call our firm at 650-812-0400 .