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Best Trust and Estate Lawyers in California

When families face disputes over wills, trusts, or estate matters, the process can feel overwhelming. Ginzburg & Bronshteyn are among the best trust and estate lawyers in California, combining sharp legal insight with genuine compassion for the people we serve. We’re here to guide you through the complex legal system and help protect what matters most to you and your family.

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OVERVIEW

When You Need a California Trust & Estate Litigation Attorney

Trust and estate disputes are never just about documents or assets—they’re about people, relationships, and often, deep emotions. Grief, family conflict, or a loss of confidence in a fiduciary can make an already complicated legal situation even more overwhelming. That’s why having a California trust and estate attorney by your side is so important.

California’s probate courts, under Probate Code §17002, hold broad authority to oversee the administration of trusts. Whether you are a trustee, beneficiary, or family member, navigating this system requires both knowledge of the law and sensitivity to the personal dynamics involved. One wrong step could put your rights, your inheritance, or your family relationships at risk.

Our clients consistently recognize us as leading trust and estate litigation lawyers in California because of our thorough preparation, strong advocacy, and constant communication. We don’t just fight for favorable outcomes. We also make sure you feel supported and understood throughout the process. With our guidance, you gain the confidence of knowing you have experienced professionals protecting your best interests.

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If you’re facing uncertainty with a trust or estate matter, the best step you can take is to get clear guidance from a trusted legal professional. At Ginzburg & Bronshteyn, our family law attorneys make the process straightforward and accessible by offering confidential consultations. This gives you the chance to understand your options, ask questions, and begin protecting your rights and your family’s future.

Common Issues in Trust & Estate Litigation

Trust and estate lawyers in California handle disputes that take many different forms, each with its own legal complexities and emotional challenges. Whether you’re a beneficiary questioning a trustee’s actions or a family member concerned about undue influence, our trust and estate litigation attorneys in California have the experience to guide you through these matters with care and precision.

Breach of Fiduciary Duty

Trustees are legally obligated to act in the best interests of beneficiaries, yet breaches of fiduciary duty are among the most common reasons disputes arise. From mismanagement of assets to failing to provide proper accounting, we work diligently to hold trustees accountable and protect your rights.

Undue Influence & Lack of Capacity

When a loved one is pressured or lacks the capacity to make sound decisions, the validity of a trust may come into question. Our attorneys are skilled in uncovering undue influence, coercion, or fraud, ensuring that the trust reflects the true intent of the trustor.

Contested Trust Administration

Even when a trust is properly formed, disagreements often emerge over its administration. From unequal treatment of beneficiaries to disputes over asset distribution, our California trust and estate attorneys provide strong advocacy to resolve these conflicts and safeguard your family’s legacy.

How We Approach Trust & Estate Litigation

Every trust and estate case is unique, but what remains constant is our commitment to guiding clients with clarity, compassion, and proven legal strategies. As experienced trust and estate litigation lawyers in California, we ensure that you understand the process from start to finish so you can make informed decisions with confidence.

Careful Case Evaluation

Our first step is always a detailed review of your situation. We analyze trust documents, financial records, and family dynamics to identify the strongest path forward. This careful evaluation allows us to build a tailored strategy that reflects both the legal issues at hand and your personal goals.

Strategic Representation in Court

When litigation is unavoidable, you need attorneys who are not only knowledgeable but also persuasive advocates. We bring decades of combined experience before California probate courts, using sharp legal insight and thorough preparation to protect your rights and pursue fair outcomes.

Ongoing Support & Communication

Trust and estate disputes can take time to resolve, and the process can feel stressful without the right guidance. That’s why we prioritize regular updates and open communication, ensuring you’re never left in the dark. Our role goes beyond legal representation; we’re here to provide peace of mind during a difficult chapter.

We can help individuals and families facing the prospect of obtaining a conservatorship or if appropriate contest the appointment of a conservator.

Probate Code Section 1800.3 provides:

If the need therefor is established to the satisfaction of the court and the other requirements of this chapter are satisfied, the court may appoint:
1. A conservator of the person or estate of an adult, or both.
2. A conservator of the person of a minor who is married or whose marriage has been dissolved.
No conservatorship of the person or of the estate shall be granted by the court unless the court makes an express finding that the granting of the conservatorship is the least restrictive alternative needed for the protection of the conservatee.

California Probate Code 2355(a) provides that “If the Conservatee has been adjudicated to lack the capacity to make health care decisions the conservator has the exclusive authority to make health care decisions for the Conservatee that the conservator in good faith based on medical advice determines to be necessary. The conservator shall make health care decisions for the Conservatee in accordance with the conservatee’s individual health care instructions, if any, and other wishes to the extent known to the conservator.

About Our Los Angeles Conservatorship & Guardianship Lawyers

It is important to look at a persons orientation to time, ability to concentrate, short and long term memory, ability to communicate, recognition of familiar objects and persons, ability to plan and reason logically, delusions, ability to modulate mood when determining the need for a conservatorship.

The starting point for any mental capacity determination is Due Process in Competence Determinations Act found in Probate Code sections 810 to 813, 1801, 1881, 3201, and 3204 (the Act). In 1995, the Legislature created the Act to clarify the legal capacity of a person who has a mental or physical disorder.

In the event a person becomes unable to manage their own care or their finances, and does not have certain estate planning documents in place, a conservatorship proceeding may be necessary. A person may become incapacitated for many reasons, illness or disease such as Alzheimers or an accident.

In appropriate circumstances, the court may appoint a conservator of the person, a conservator of the estate, or a conservator of both the person and estate of an adult [Prob. Code § 1800.3(a)(1)]. The court may also appoint a conservator of the person of a minor who is married or whose marriage has been dissolved [Prob. Code § 1800.3(a)(2)].

Conservatorships Of The Person

A conservator of the person is appointed to manage the conservatee’s physical well-being and needs, including food, clothing, personal care, housekeeping, transportation, recreation, and health care. The conservator decides where the conservatee lives and may be required to decide whether the conservatee should live at home or in an institution. The conservator must make sure the place selected is the “least restrictive” appropriate alternative that is available and necessary to meet the individual’s needs. Probate Code Section 2352.

Probate Code Section 1820.

A petition for the appointment of a conservator may be filed by any of the following:
1. The proposed conservatee.
2. The spouse or domestic partner of the proposed conservatee.
3. A relative of the proposed conservatee.
4. Any interested state or local entity or agency of this state or any interested public officer or employee of this state or of a local public entity of this state.
5. Any other interested person or friend of the proposed conservatee.
If the proposed conservatee is a minor, the petition may be filed during his or her minority so that the appointment of a conservator may be made effective immediately upon the minor’s attaining the age of majority. An existing guardian of the minor may be appointed as conservator under this part upon the minor’s attaining the age of majority, whether or not the guardian’s accounts have been settled.
A creditor of the proposed conservatee may not file a petition for appointment of a conservator unless the creditor is a person described in paragraph (2), (3), or (4) of subdivision (a).

Given the parameters of Probate Code Section 1827 the court will shall hear and determine the establishment of the conservatorship according to the law and procedure relating to the trial of civil actions, including trial by jury if demanded by the proposed conservatee.

It should be noted that no conservatorship of the person or of the estate will be granted unless the court makes an express finding that the granting of the conservatorship is the least restrictive alternative needed for the protection of the conservatee [Prob. Code § 1800.3(b)].

LPS (MENTAL HEALTH) CONSERVATORSHIP

This type of conservatorship is for individuals suffering from brian disorders such as Schizophrenia, Manic Depression, and other mental illnesses listed in the Diagnostic and Statistical Manual of Mental Disorders (DSM).

LPS Conservatorships are not appropriate for people with brain trauma, dementia, or substance addiction.

WELFARE AND INSTITUTIONS CODE SECTION §5000 Created the Lanterman-Petris-Short (LPS) Act in the 1967 and concerns teh involuntary civil commitment.

WELFARE AND INSTITUTIONS CODE SECTION §5001.

The provisions of this part shall be construed to promote the legislative intent as follows:

(a) To end the inappropriate, indefinite, and involuntary commitment of mentally disordered persons, developmentally disabled persons, and persons impaired by chronic alcoholism, and to eliminate legal disabilities;

(b) To provide prompt evaluation and treatment of persons with serious mental disorders or impaired by chronic alcoholism;

(d) To safeguard individual rights through judicial review;

(e) To provide individualized treatment, supervision, and placement services by a conservatorship program for gravely disabled persons;

(f) To encourage the full use of all existing agencies,\ professional personnel and public funds to accomplish these objectives and to prevent duplication of services and unnecessary expenditures;

(g) To protect mentally disordered persons and developmentally disabled persons from criminal acts.

Contact a Los Angeles Conservatorship Attorney

A significant portion of our practice focuses on Conservatorships that put in place legal protections for loved ones who are vulnerable due to a disability or illness. If you need legal help with any of these issues, please contact our office today at 310-914-3222 from Los Angeles, or 714-280-0601 from Orange County, 415-465-6566 from Northern California or 714-280-0601 from Orange County. Our knowledgeable attorneys are ready serve your needs clients in Berkeley, Beverly Hills, Calabasas, Culver City, Encino, Glendale, Hidden Hills, Irvine, Los Angeles, Marin County, San Francisco, Santa Ana, Santa Monica, Sherman Oaks, Thousand Oaks, Torrance, Tustin, Westlake Village and throughout Southern California.