Trusts & Elder Abuse Litigation

After the death of a family member, it is not uncommon for the decedent’s will or trust to be disputed. Challenges commonly arise when a sibling or other family member claims the creator of a trust was unduly influenced or a beneficiary received more or less than expected. Sometimes actions or expenditures by the decedent’s trustee might be challenged. Often such litigation includes allegations of elder abuse or financial elder abuse, which can impose liability for compensatory and punitive damages, as well as attorney’s fees and costs.

Trust litigation can be enormously complex and involve an array of legal issues, including elder financial abuse, competency of the settlor to execute the trust instrument, interpretation of contracts, title to real property, and many others. Trust litigation cuts across a broad spectrum of legal issues.

Types of Cases We Handle

We have experience in a variety of trusts and estates appeals, including:
• • Will and trust contests and proceedings. This can include issues related to the validity of the documents, claims of undue influence, and more.
• • Elder abuse.
• • Interpretation of wills and trusts.
• • Proceedings to determine heirs and beneficiaries.
• • Guardianships and conservatorships.
• • Accounting issues.
• • Real estate claims and disputes.

Noreen Evans and Deirdre Kingsbury have represented trustees, beneficiaries, and even attorneys in probate cases at both the trial and appellate levels. Attorney Evans has worked with California’s Elder Abuse and Dependent Adult Civil Protection Act, first as a California State legislator from 2004 – 2014, and now as a private attorney. Deirdre Kingsbury was also the successful appellate attorney in Bonfigli v. Strachan (2011) 192 Cal.App.4th 1302, one of the leading cases brought under California’s elder financial abuse statutes. Protecting the interests and desires of our elders is an important mission at Evans Kingsbury LLP.