Disputes are common, especially regarding the sale of a family home or the division of sentimental items. We often recommend mediation first. If that fails, the matter may have to be settled by a judge in Probate Court.

Yes. Common grounds for a trust contest include:

• Lack of Capacity: The creator wasn't of sound mind when they signed.
• Undue Influence: Someone pressured the creator into changing the trust.
• Fraud or Forgery: The document itself is invalid.

Beneficiaries are not powerless. They can file a petition with the court to compel an accounting, suspend the trustee’s powers, or seek a "surcharge" (monetary damages) for any losses caused by the trustee’s inaction or negligence.

This is a common issue. If an asset (like a house) was left out of the trust, we may be able to file a Heggstad Petition (Probate Code 850). If successful, the court declares the asset part of the trust, allowing the family to avoid a full, lengthy probate.

The trustee must ensure three things are filed:

• The deceased's final individual income tax return (Form 1040).
• Fiduciary income tax returns for the trust (Form 1041) if the trust earns income.
• Federal estate tax returns (Form 706) if the estate exceeds the current exemption.