Probate litigation · Los Angeles
When the person in charge of the estate is the problem
Illustration. Not a real client.
Not every inheritance fight is about a document. Sometimes the will is fine and the trust is fair, and the person put in charge of carrying them out is not.
John J. Donahue brings these cases in the probate departments of the Stanley Mosk Courthouse. The court supervises executors and trustees, and it can make them explain themselves, pay back what they took, or step aside.
What these cases look like
- The house is being sold, and nobody asked you. A trustee lists it with a friend, or sells it to themselves, below what it’s worth.
- Nobody will show you the numbers. You’re a beneficiary, you’ve asked for an accounting, and you’ve heard nothing for months.
- The money is moving. Withdrawals, “loans,” a new car. The estate is getting smaller while the person in charge says everything is fine.
- Someone is living in the house rent-free while the rest of the family waits and the property taxes come due.
- Assets taken before death. Money moved out of a parent’s accounts in the last years of life by someone with a power of attorney or a joint account. California treats some of this as financial elder abuse.
From the calls John gets
“He says all the money is owed to him.”
Mom died without a will. Her son held her power of attorney for her last few years. Now he says she owed him for everything he did, so there’s nothing left to divide. His sister asks the question families ask most: “What are my rights?”
What John looks at: What he did with her money while she was alive, and with what’s left now. An agent under a power of attorney had to act in Mom’s interest, not his own, and keep records. A claim for repayment has to be proven, like anyone else’s.
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What the court can do
Depending on the facts, the probate court can order a trustee or executor to:
- Produce a full accounting and explain every transaction.
- Repay losses caused by a breach of their duties, sometimes with interest.
- Return property taken wrongfully. When property was taken in bad faith from a trust or estate, California law allows recovery of up to twice its value.
- Be suspended or removed, with a neutral fiduciary put in their place.
From the calls John gets
Where did the house money go?
The parents’ paid-off house was sold after Dad died. The children live in three other states. A year later nobody can say what it sold for, who signed, or where the money went.
What John looks at: The deed, the escrow file, and who had authority to sign. Sale records are rarely as hidden as they feel.
Illustration. Details changed; not a real client. Read a story like this →
Beneficiaries have rights
If you’re a beneficiary of a California trust, you generally have the right to be kept reasonably informed, to receive a copy of the terms that affect you, and to receive accountings. A trustee who ignores those duties is giving you something to take to a judge.
How John handles it
Often the first step is a demand letter that reminds the trustee what the law requires. Sometimes that’s enough. When it isn’t, John files a petition and the court sets a hearing. Many of these cases settle once the trustee realizes a judge will be reading the bank statements.
Some probate litigation can be handled on contingency, particularly when money or property was taken and can be recovered. Every case is different. How contingency works →
From the calls John gets
A stranger wants to be executor
A man’s brother died in Los Angeles. A cousin he barely knows has asked the court to be put in charge, and court notices keep arriving at his door in another state.
What John looks at: Who has priority to serve under California law, and what each notice is asking the court to do. A notice of hearing is the time to object, not after the hearing.
Illustration. Details changed; not a real client. Tell John what happened →
From the calls John gets
“They’re letting Dad’s house fall apart.”
Dad’s house went into the trust for all four children. The brother who lives there is the trustee. The roof is tarped, the yard has gone to weeds, and the property taxes are two years behind. He says he can’t afford repairs and won’t sell.
What John looks at: Whether the trustee is protecting the property for everyone, as the law requires: taxes, insurance, repairs, and fair rent when one beneficiary lives there. A trustee who lets the main asset waste away can be ordered to fix it, sell it, or step aside.
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In families’ own words
What families ask when someone is in control
My brother took Mom’s money while she was alive. Can anything be done now that she’s gone?
Often, yes. Claims for what was taken during a parent’s lifetime can survive her death and be brought for the estate or trust. Bank statements, checks and transfers usually tell the story.
Can an executor or trustee be removed?
Yes. The probate court can remove one who won’t account, mixes the money with their own, sells property unfairly, or simply doesn’t do the job, and can appoint someone neutral in their place.
Do I have to prove they stole?
Not to start. The executor or trustee is the one who has to account for every dollar. Often the accounting itself shows the problem.
How long do these cases take?
Some end quickly once the court orders a formal accounting. Others take a year or more. John gives you his honest read once he has seen the documents.
Will I have to pay out of pocket?
For qualifying cases, John works on contingency: no attorney’s fee unless there’s a recovery. How case costs are handled is set out in writing before work begins. How contingency works →
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