California Trust & Estate Litigation Attorneys
Representing beneficiaries and trustees in disputes over trust administration, accountings, and fiduciary misconduct across California.
The attorneys on your case
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Mark C. Smith
Principal Attorney & Founder
Berkeley Law · AmLaw Top 50 Firm · Federal Clerk · Combat Veteran
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Nicholas Jacobs
Attorney, Estate Planning
Northwestern California Law
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Seth Steward
Litigation Attorney
GW Law · Harvard Kennedy · Former Prosecutor · Air Force Veteran
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Veteran-Founded & Led
Founded by Mark C. Smith, U.S. Army combat veteran.
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Berkeley Law-Trained
Educated at UC Berkeley School of Law.
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California Statewide
SF · Sacramento · Los Angeles · San Diego.
A trust is supposed to deliver what its creator intended, quietly and on time. When a trustee will not account, favors one beneficiary, sells property without explanation, or a late amendment changes everything, the trust becomes a dispute. We represent beneficiaries and trustees in California trust and estate litigation, building the record before deciding whether to demand, petition, mediate, or try the case.
Many matters overlap with broader inheritance disputes and contested probate. If you are a trustee trying to do the job correctly, see trust administration.
A trustee who will not account? Do not wait.
Information that goes missing, property that is sold or transferred, and distributions that never arrive all get harder to unwind with time. Beneficiaries also face deadlines once an accounting or notice is served.
Speak with counsel before you sign a release, approve an accounting, or accept a distribution you are unsure about.
Trust disputes we handle
- Trust contests challenging validity for lack of capacity, undue influence, fraud, or improper execution
- Petitions to remove and replace a trustee who will not account, self-deals, or mismanages assets
- Breach of fiduciary duty claims, including surcharge to recover losses caused by the trustee
- Self-dealing, commingling, and conflict-of-interest disputes
- Trust modification or reformation to correct mistakes or address changed circumstances
- Accounting objections and demands for information that a trustee has withheld
Remedies and how cases move
Depending on the facts, the court can compel an accounting, surcharge a trustee for losses, order the return of property, remove and replace a fiduciary, or reform a trust to match its creator’s intent. We usually start by identifying your rights and deadlines, then send a focused demand or accounting objection. If that does not resolve the problem, we file a petition under the Probate Code and prepare the matter for mediation or trial.
Why Corcoran Smith Law Corp.
Trust litigation runs on fiduciary duties, accountings, and deadlines, often among family. The work is to build the record and apply the right pressure at the right time.
Corcoran Smith Law is a California firm with offices in Sacramento and San Francisco. We are veteran owned. The partner works the matter, and clients are not handed off to a junior associate after the first call.
Because we also handle trust administration, we know what a clean trust looks like, which makes it easier to show a court where this one went wrong.
Free download
Know Your Rights as a California Beneficiary
When a trustee goes quiet, an accounting never comes, or a late amendment changes everything, the law still gives you specific rights and deadlines. Our plain-English guide explains what you are owed, the questions to ask, and the steps to take before you sign or accept anything.
Frequently asked
Trust litigation questions
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Who can bring a trust dispute in California?
Beneficiaries, trustees, and other interested persons generally have standing. The right approach depends on your role, the trust document, and what notices and accountings have already been provided.
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How do I remove a trustee?
A beneficiary or co-trustee can petition the probate court to remove a trustee for breach of trust, conflict of interest, failure to account, hostility that impairs administration, or other grounds under the Probate Code. The court can also suspend a trustee and order an accounting while the petition is pending.
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What is a surcharge?
A surcharge is a court order requiring a trustee to repay the trust for losses caused by a breach of duty, sometimes with interest. It is one of the primary remedies in trust litigation.
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Do trust disputes have to go to trial?
No. Many resolve through a demand, a formal accounting, mediation, or a negotiated settlement. Trial remains available when the facts and the amount at stake justify it.
Client reviews
What our clients say
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Nicholas Jacobs is excellent! He's exceedingly knowledgeable, which gives you instant confidence in his assessments and advice, and what put our family's mind at ease is knowing he's honest to his core. He's a rare combination; Nicholas is everything you could hope for in terms of an exceptionally educated, trusted advisor, and yet his empathy is always forefront. Nicholas has a strong moral compass and has chosen his profession for all the right reasons. He's truly been a life saver, and our family is so grateful to have met him!
Sierra Smart March 2026 · Google
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Couldn’t be more confident in their work. Return calls/emails quick and put in the effort to make things clear. Feels like they truly care about their clients best interests, even when that means less billable hours for them. Highly recommend.
Matthew Smith June 2026 · Google
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Nick Jacobs did an excellent job helping us with estate planning. He was thorough and always happy to explain in terms non-legal experts could understand! I couldn’t recommend him enough.
Quincy Mehta July 2025 · Google
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In my experience with this firm I feel like they exceeded my expectations from start to finish. I shopped around a bit trying to find a reliable place that would take my case and not only did they do so, but I was really impressed with the level of respect they gave me. Their communication and attention to even the smallest details gave me a great deal of confidence that my situation was being handled with genuine care. I would gladly recommend this firm to anyone searching for a legal team that combines professionalism, strong communication, and a sincere commitment to their clients.
Kagen Jones August 2026 · Google
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Attorney Jacobs was diligent, patient, knowledgeable and detailed in assisting me. Thank you Nick for your help with my legal matters. I highly recommend Nick Jacobs to anyone seeking legal assistance.
Crocks Supreme October 2024 · Google
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Thank You To Corcoran Smith Law Corp...I Just Left Information To Your Service Regarding A Living Trust Trustee/ Benificuary Dispute In LA Probate Court...I Look Forward To Call Back Consultation... And Thank You For Wonderful Reception Given When I Called The Corcoran Smith Law Corp....
Tony Bernheim August 2026 · Google
Across our practice
Related California legal services
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Inheritance Disputes
Trust and estate litigation for heirs and beneficiaries. Contested wills, fiduciary misconduct, and trustee accountings.
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Trust Administration
Trustee duties, trust funding, beneficiary notifications, accountings, and distributions, handled end to end.
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Contested Probate
Will contests on grounds of capacity, undue influence, fraud, or improper execution.
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Civil Litigation
Trust and estate litigation, commercial and contract disputes, business torts, and real-property litigation.
Probate litigation by location
Inheritance dispute guidance across California
Choose your area for information about local probate courts, common inheritance disputes, and the options available to heirs and beneficiaries.
Talk to a California trust litigation attorney
A free consultation is the simplest place to start. Tell us what is happening with the trust, and we will help you understand your options.