If you decide that suing a trustee is the right choice for you, here are the basic steps of a typical trust litigation case:
1. Seek legal representation. Trust and estate litigation is a highly specialized niche. Most estate planning law firms either don’t handle litigation matters at all or have very little experience doing so. For optimal results, find an attorney who is experienced in trust and estate litigation specifically.
2. File a petition with the court. California Probate Code §17200 is the most common code section used to petition the court for relief in matters like these. But other code sections may apply more accurately to your case. An experienced trust litigator can help you select the right one and maximize your chances of success.
3. Serve the petition to the trustee or the attorney/law firm representing them.
4. Appear at a court hearing with your attorney to present your case to the judge.
5. The judge’s ruling dictates what comes next. The judge may grant your petition, deny it, or set an evidentiary hearing to collect more information. Alternatively, both parties may schedule a settlement conference or use a professional mediator to try to work out a solution.