The Role of a Trust Attorney in Resolving Will Disputes Between Heirs
At Bochnewich Law Offices, we regularly assist families struggling with will disputes that surface after the death of a loved one. These disputes often create deep divides between siblings, beneficiaries, and others who expected a different outcome. In many cases, people are surprised by what a will contains—or what it leaves out.
In California, these disagreements fall under the broader umbrella of estate litigation. One of the most common sources of conflict stems from allegations that a will does not reflect the true wishes of the person who passed away.
That’s where our work as trust attorneys comes into focus. We step in to help clients understand their legal position, challenge or defend a will, and reach fair outcomes using California’s estate planning laws.
Why Will Disputes Happen After Death
Disputes among heirs can arise from a number of circumstances. In many cases, family members expected to inherit are left out entirely or feel shortchanged.
Other times, a caregiver or new acquaintance is given a large portion of the estate, raising questions about undue influence or manipulation. In some cases, more than one will exists, and the heirs disagree about which one is valid.
We have seen how grief and financial stress can make these issues even harder to resolve. That’s why we encourage early, clear estate planning while the person is still alive. But when that didn’t happen—or when things go wrong—we’re here to help sort it out.
What We Do as Trust Attorneys
While most people associate trust attorneys with helping to set up revocable living trusts, our work goes far beyond drafting documents. When a will is challenged in court, we often serve as legal counsel to one of the interested parties.
This could be a beneficiary, an excluded heir, a personal representative of the estate, or a trustee of an associated trust.
We use California’s estate planning and probate laws to evaluate the facts, gather evidence, and present a case that supports our client’s legal rights. Our involvement may lead to a negotiated resolution or, if needed, a trial where the court decides the matter.
Our work often includes:
Reviewing the will and related estate planning documents
Identifying inconsistencies or signs of undue influence
Investigating the mental capacity of the person at the time the will was signed
Representing our client’s interests in court or mediation
Defending or contesting the appointment of executors or personal representatives
Clarifying relationships between a trust and a will, when both are in play
These matters are often emotional and legally technical. We don’t take sides based on who “deserves” the inheritance—we follow the law, evaluate the evidence, and give our clients a strategy rooted in California estate planning rules.
Common Grounds for Will Contests in California
In our practice, we regularly encounter will disputes involving one or more of the following legal claims:
Lack of Testamentary Capacity: The will-maker (testator) did not understand what they were signing, the extent of their assets, or who their natural heirs were.
Undue Influence: Someone in a position of power manipulated the testator into changing their will.
Fraud: The will was forged, or the testator was tricked into signing it.
Revocation: A newer will exists that replaces the one being submitted to probate.
Improper Execution: The will does not meet the legal requirements under California Probate Code—such as having two witnesses.
Each of these claims requires supporting evidence, and that's where the guidance of a trust attorney becomes essential. Whether we’re defending a valid will or raising legitimate concerns about one, we approach every dispute with the facts and legal standards front and center.
When a Trust and a Will Conflict
It’s not unusual for a person to have both a will and a revocable living trust. Sometimes, these documents don’t align, creating tension among heirs. For example, the trust might say one thing about property distribution, while the will says another.
Or, a newly added trust amendment may benefit one person at the expense of others named in the original plan.
As trust attorneys, we carefully review how the documents were prepared, the dates of execution, and whether legal formalities were followed. If the will attempts to dispose of property already transferred into a trust, that gift may not be valid.
On the other hand, if a trust is unclear or has not been properly funded, the will might control that property after all.
These issues require close examination of both documents and a clear understanding of how California estate planning law treats each one. That’s why we encourage clients to revisit their plans regularly and make updates in a coordinated manner.
How We Help Families Resolve Will Disputes
Our firm offers practical steps that help resolve disputes without prolonged litigation. Here’s what we focus on when helping families work through contested wills:
Clarifying Legal Standing
We identify who has the right to challenge or defend the will and whether they are named beneficiaries or legal heirs under California’s intestate succession laws.Evaluating the Will’s Validity
We review whether the will meets California’s requirements: proper execution, appropriate witnesses, and valid content.Assessing Capacity and Undue Influence
We gather medical records, witness statements, and attorney notes to determine whether the testator was of sound mind and acted voluntarily.Coordinating with Trust Documents
We evaluate how the will and any trusts interact and whether property was properly assigned to one or the other.Mediating the Dispute
In many cases, we pursue informal settlement talks or formal mediation. This allows heirs to reach a mutually agreeable solution without going to trial.Representing Clients in Probate Court
When settlement isn’t possible, we represent clients in probate litigation, using the full range of discovery tools and legal arguments to make their case.Protecting Fiduciary Interests
We also represent executors or trustees who are caught in the middle of these disputes and need legal support to carry out their duties properly.
We always approach these matters with the goal of resolving them in a way that honors the law and minimizes long-term damage to family relationships.
Why Early and Transparent Estate Planning Helps
Many of the disputes we deal with could have been avoided through clear and early estate planning. When someone sits down with us to draft a will or trust, we take the time to ask the right questions and explain each decision.
If the plan excludes certain people or makes significant changes from past documents, we document the reasons thoroughly.
We also advise clients to communicate with their family about their wishes. While no one is obligated to explain their choices, a short conversation can prevent years of suspicion and anger after death. Estate planning works best when it reflects clear intent, is legally sound, and can stand up to scrutiny.
Will Disputes Involving Blended Families
Another area where we see frequent will disputes involves blended families. When a parent remarries and has children from a prior relationship, the distribution of property often becomes a source of disagreement.
If the will appears to favor the new spouse or leaves out adult children, we take a close look at whether that decision was intentional, influenced by someone else, or legally flawed.
California’s community property laws also come into play, especially when dealing with jointly owned property or retirement accounts. Sorting through these issues requires a solid grasp of both probate and estate planning law. We’re able to help clients understand how all these pieces fit together and what legal options are available.
What Happens if the Will Is Thrown Out?
If a California court finds that a will is invalid, the estate typically passes under the laws of intestate succession. That means the state decides who receives the property—starting with spouses and children, then extending to parents, siblings, and other relatives.
In some cases, an older valid will may be reinstated. This depends on whether that prior document meets legal standards and hasn’t been revoked. We always review the full history of estate planning documents to determine what should control the estate if the current will fails.
Our Commitment to Fair and Legal Resolutions
At Bochnewich Law Offices, we’ve helped many clients find resolution in difficult estate disputes. We’re proud to serve Southern California, including Riverside County, Los Angeles County, San Bernardino County, Orange County, and San Diego County. Call today.