Practical. Principled. Passionate.

What Happens If A Trust Dispute Goes To Trial?

When a trust dispute arises and cannot be resolved through mediation or negotiation, it may end up in court. Navigating a trust dispute trial is complex and requires a thorough understanding of trust law. It is essential to work with a trust and estate attorney to protect your interests and help improve your chance of a beneficial outcome.

At Morrill Law, our goal is to preserve and protect your family’s assets and legacy throughout the legal process. For over 20 years, we have served clients in Walnut Creek, Alameda, Contra Costa, Marin County and beyond. Our team of lawyers takes a collaborative approach to each case, and we offer personalized and cost-conscious services.

The Process And Key Considerations In A Trust Dispute Trial

When a trust dispute goes to trial, the process begins with filing a petition in probate court. This petition outlines the nature of the dispute and the relief being sought. Both parties will then engage in the discovery phase, exchanging documents, depositing and gathering evidence to support their claims.

During the trial, each side will present their arguments, call witnesses and introduce evidence. The judge will listen to both parties, evaluate the evidence and ultimately decide. Key considerations during a trust dispute trial include:

  • Burden of proof
  • Testimony and evidence
  • Expert witness

The judge’s ruling can range from upholding the trust, modifying its terms, removing the trustee or ordering a new trustee to be appointed.

Your Trusted Attorney In Resolving Trust Issues

Taking a trust dispute to trial is a significant step that involves considerable time, expenses and emotional strain. At Morrill Law, we play chess, not checkers. You can count on us to take a strategic and intelligent approach to protecting your interests.

If you or someone you know has a trust dispute trial in Walnut Creek, Alameda, Contra Costa, Marin County and beyond, call 925-255-0633 or use our online form to schedule a consultation.