Toxic Tort, Product Liability, Commercial Litigation, Estate and Probate Planning and Litigation

Trust & Probate Litigation

Probate litigation is a complex and unique area of law. Not only are the firm’s attorneys seasoned trial lawyers with many years of experience in the probate courts, they are extremely knowledgeable in the particular issues that arise in this domain such as: disputes over a will, trust, power of attorney, the administration of an estate or trust, or the appointment of a conservator or guardian.

The firm’s lawyers possess extensive knowledge of the substantive law and unique procedures applicable to trust and probate disputes, whether that involves mediation, settlement discussions, or going to trial. They know when to negotiate and when to litigate. You can rely on Lankford Crawford Moreno & Ostertag LLP to ensure you are protected if you are experiencing issues or problems surrounding a probate or trust. Our office serves probate and trust litigation clients throughout the Bay Area, including in Moraga, Lafayette, Orinda, Walnut Creek, Berkeley, Montclair, Danville, Alamo, Piedmont and all of Contra Costa County.

Areas of Expertise

  • Actions involving “No contest” clauses
  • Actions to remove fiduciaries
  • Claims of an estate against third parties
  • Contests based upon undue influence or lack of capacity
  • Defense and prosecution of breach of fiduciary duties, such as mismanagement or misallocation of assets and avoiding conflicts of interest
  • Disputed property claims under Probate Code § 850
  • Inventory and appraisal litigation
  • Lawsuits invalidating gifts under Probate Code § 21350
  • Petitions for property not properly titled in a trust
  • Probate Code § 11700 proceedings to determine who takes under a will or as an heir
  • Proceedings involving ambiguous provisions in a will or trust and trust reformation
  • Property rights disputes
  • Third-party claims against an estate
  • Trust and estate accounting disputes
  • Valuation disagreements
  • Will and trust contests