Randick O'Dea Tooliatos Vermont and Sargent Serving Pleasanton and Castro Valley
Trust Litigation Our Practice is Your Solution.

Trust Litigation in Pleasanton, CA

Trust Litigation Backed by Over 200 Years of Combined Legal Experience

When a trust dispute arises, you need attorneys who understand how California trusts are drafted, administered, and litigated. At Randick O'Dea Tooliatos Vermont and Sargent, trust litigation is a distinct practice, separate from our broader estate litigation work. We focus on the legal relationships among trustees, beneficiaries, and the trust document itself. Our team brings over 200 years of combined legal experience, and we represent both trustees and beneficiaries through every stage of a dispute.

If you’re facing a trust dispute in Pleasanton or the surrounding East Bay, we’re ready to talk with you. Call (510) 344-2599 to speak with our team.

Trust conflicts can take many forms, from questions about what the trust document means to serious allegations about a trustee’s conduct. Disputes may also involve real property, closely held business interests, or investment accounts.

The types of matters we handle include:

  • Trustee misconduct: Breach of fiduciary duty, failure to follow trust instructions, self-dealing, commingling of personal and trust funds, failure to provide an accounting, or uneven treatment of beneficiaries
  • Trust contests: Challenges to the validity of a trust document based on lack of capacity, undue influence, fraud, or improper execution
  • Beneficiary disputes: Conflicts arising from ambiguous or outdated trust language, disagreements over asset valuation, or competing interpretations of the settlor’s intent
  • Trustee removal proceedings: Petitions filed in the probate division of Alameda County Superior Court when a trustee can’t or won’t fulfill fiduciary duties under the California Probate Code
  • Complex asset disputes: Trust matters involving real estate holdings or business interests that require both litigation and transactional analysis
  • Trust modification petitions: Requests to modify irrevocable trusts where changed circumstances would defeat the trust’s original purpose or where beneficiary consent supports a change

California Probate Code section 17200 governs petitions concerning the internal affairs of a trust, covering trust interpretation, trustee accounts, trustee appointment or removal, and relief for losses caused by trustee conduct. These petitions are filed in the probate division of Alameda County Superior Court. A trustee removal petition proceeds under Probate Code section 15642, which sets out the statutory grounds a court considers, including breach of fiduciary duty and substantial inability to manage trust assets.

Trust modification depends on the trust’s terms, the settlor’s authority, beneficiary consent, the trust’s purpose, and applicable statutory procedures. Under California Probate Code section 15404, when the settlor and all beneficiaries consent in writing, modification may be accomplished without court approval. When the settlor is deceased or unavailable, all beneficiaries may petition the court, though the court will not approve a modification that conflicts with a material purpose of the trust. When court approval is required, we prepare and file the petition in Alameda County. Modification is a forward-looking remedy and is distinct from litigation over past trustee conduct or document validity, though both can be pursued in the same proceeding when the facts support it.

Why Pleasanton Clients Choose Randick O'Dea Tooliatos Vermont and Sargent for Trust Litigation

Hannah Sargent, our trust, probate, and estate planning attorney, is an East Bay native who practices from our Pleasanton and Castro Valley offices. She earned her JD from UC Berkeley School of Law, where she received the Prosser Prize for finishing second in her class. She also holds an advanced law degree from Georgetown University Law Center and is a VA-certified attorney. Her memberships include the East Bay Trust and Estate Lawyers association and the East Alameda County Bar Association.

That background in trust administration matters in litigation. It informs how we interpret disputed provisions, evaluate trustee conduct, and build a case strategy around the trust document. We have earned Super Lawyers recognition and a Martindale-Hubbell Preeminent rating, both reflecting peer assessment of legal ability and ethical standards.

When trust disputes involve business interests or tax implications, our in-house business law and tax planning attorneys collaborate directly with the litigation team. This allows us to address those issues as part of a unified strategy rather than handing them off.

How We Approach Trust Litigation

We begin with a direct assessment of the dispute: what the trust document says, what conduct is alleged, and what remedies are available under the California Probate Code. When financial records, fiduciary accountings, or asset valuations are central to the case, we work with accountants and appraisers to build a factual foundation to support our presentation to the court.

Many trust disputes resolve through mediation or negotiated settlement, which can reduce cost and avoid the strain of a full trial on family relationships. We pursue negotiation, mediation, and arbitration as resolution paths whenever they serve our clients’ interests. When a matter requires courtroom representation in Alameda County Superior Court, we’re prepared to take it there. Our clients are kept informed at every stage, from initial strategy through resolution.

Frequently Asked Questions

What Is the Difference between Trust Litigation & Estate Litigation?

Trust litigation focuses on disputes involving the trust document, the trustee’s conduct, or the rights of beneficiaries under a trust. Estate litigation more broadly covers will contests, executor conduct, and distribution of probate assets. The two can overlap, particularly when a decedent held assets in both a trust and a probate estate, but the legal standards and court procedures differ.

Can a Beneficiary Remove a Trustee in California?

A beneficiary may petition the probate court to remove a trustee who has breached fiduciary duties, become substantially unable to manage the trust’s financial resources, or is otherwise unfit to administer the trust. The court applies standards set by the California Probate Code and considers the interests of all beneficiaries, not just the petitioning party.

Do I Need an Attorney Even If the Trust Seems Straightforward?

Trust disputes often turn on fiduciary accounting, document interpretation, and procedural requirements that aren’t obvious from the face of the trust. Legal guidance can be valuable even when the underlying facts appear simple, and early involvement can give you more options than waiting until a dispute escalates.

How Long Does Trust Litigation Take in Alameda County?

Duration depends on the complexity of the dispute, the number of parties involved, and the court’s calendar. Matters resolved through mediation or negotiated settlement can typically conclude faster than full trials. We can give you a realistic assessment of timing during your initial consultation.

Talk to Our Trust Litigation Team in Pleasanton

Whether you’re a trustee facing a removal petition or a beneficiary concerned about how a trust is being administered, we offer straightforward counsel on where your case stands, the remedies that may be available, and the next steps.

Contact Randick O'Dea Tooliatos Vermont and Sargent to schedule a consultation with our trust litigation attorneys. Call (510) 344-2599 today.

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  • “I highly recommend Nick and am grateful for his support and expertise.”

    - Kristen K.
  • “Nick and his team have been instrumental”

    - Prem C.
  • “Having Hannah Sargent take care of setting up our trust and will was the best thing we ever did. We had been talking about doing this for years and always put it off as a task we just didn't have time ...”

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  • “We couldn't ask for more in terms of service, advice, cost, and flexibility. We had a trust and other documents that were 14 years old. Of course, things had changed dramatically for our family, ...”

    - Jeffrey R.
  • “I met Ms Hannah in 2008 at Berkley Law Center where she was volunteering her time . Brachfeld & Associates, a collection law firm filed Lawsuit against me in Dec 2008. They were representing ...”

    - Basudeb Dey
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