Are you dealing with any of these?
You received a trust notification from the trustee
It mentions a 120-day deadline. You are not sure the trust is fair, or whether and how to challenge it.
A parent changed the trust or will late in life
The change came during an illness, dementia, or while one child or a caregiver was in control, and it looks nothing like what your parent used to say.
The trustee or executor won't account
Your brother is trustee. The house hasn't been sold or distributed, nobody knows where the rent goes, and he doesn't answer.
Siblings are fighting over the family house
One sibling lives there and won't leave, another wants to sell, and a third says your parent promised it to them.
Money was taken from a living parent
Savings were transferred, a house was re-deeded, or someone took money as a loan or investment.
Other civil disputes
A counterparty won't pay, a loan hasn't been repaid, a partner took funds, title to property is disputed, or you won a judgment but can't collect.
Estate disputes and civil matters we handle
Our focus is estate and trust disputes. We also handle general civil litigation such as contracts, debts, and property.
Trust and will contests
We review the validity of trusts, wills, and amendments and bring timely challenges based on undue influence, lack of capacity, or fraud. We also defend trustees and beneficiaries.
Holding trustees and executors accountable
We demand the trust instrument, asset list, and accounting in writing, and petition under Probate Code § 17200 to compel an account, review the trustee's conduct, remove the trustee, or remedy a breach of trust.
Recovering property and elder financial abuse
We petition under Probate Code § 850 to determine who owns a house or account and recover property wrongfully taken before or after death. Bad-faith takings and elder financial abuse can support a claim for twice the value (§ 859).
No-contest clause risk
Before filing, we assess whether a no-contest clause would actually be enforced in your situation, so a challenge does not cost you your share.
Family mediation and settlement
Many family disputes should be negotiated first. We organize the accounts and evidence, propose a sale, buyout, or distribution, and resolve it in mediation with a written agreement submitted to the court.
Contract disputes and debt collection
Unpaid invoices, service fees, loans, and investments, starting with a demand letter and filing suit if needed. We organize and translate Chinese contracts and WeChat records into usable evidence.
Title and fraud disputes
Disputes over title, co-owned property, property between unmarried partners, and recovering money lost to fraud.
Judgment enforcement
After judgment we locate assets, levy bank accounts, garnish wages, and record judgment liens on real property to collect.
Key deadlines and rules
These are general California rules. Whether they apply, and when the clock starts, depends on your documents.
- Trust contests: 120 days：After a parent dies and the trust becomes irrevocable, the trustee generally must notify beneficiaries and heirs within 60 days (Probate Code § 16061.7). To contest the trust, you must file within 120 days after the notice is served, or within 60 days after you receive a copy of the trust terms requested during that 120-day period, whichever is later (§ 16061.8). After that, a contest is usually barred.
- Will contests: before probate or within 120 days after：You can object before the probate hearing. Once a will has been admitted to probate, an interested person generally has 120 days to petition to revoke the probate (§ 8270).
- Trustees must share information and account：On a beneficiary's reasonable request, the trustee must provide information about trust administration relevant to that beneficiary (§ 16061), and must account at least annually, at termination, and on a change of trustee (§ 16062). If the trustee refuses, you can petition to compel an account or remove the trustee (§ 17200).
- Undue influence and capacity：A person who cannot understand the nature of making a will, their property, or their relationships to close family may lack capacity (§ 6100.5). Gifts to the person who drafted the document, or to a care custodian of a dependent adult, are presumed to be the product of fraud or undue influence unless rebutted by clear and convincing evidence (§ 21380). The presumption does not apply to relatives within the fourth degree (§ 21382), so disputes among siblings usually turn on proving undue influence with evidence.
- Elder financial abuse：A California resident 65 or older is an elder under the law (Welfare & Institutions Code § 15610.27). Taking an elder's property for a wrongful use, with intent to defraud, or by undue influence is financial abuse (§ 15610.30), and suit generally must be filed within 4 years after it was or should have been discovered (§ 15657.7). A bad-faith taking of trust, estate, or elder property can result in twice the value plus attorney fees (Probate Code § 859).
- No-contest clauses are narrow：California enforces no-contest clauses only in listed situations, most commonly a direct contest brought without probable cause (§ 21311). If the facts you know when filing would lead a reasonable person to believe there is a reasonable likelihood of success, you generally will not lose your share for contesting.
- General civil limitation periods：Written contracts: 4 years (Code of Civil Procedure § 337). Oral contracts: 2 years (§ 339). Fraud: 3 years from discovery (§ 338(d)). Claims against someone who has died generally must be filed within 1 year of death (§ 366.2). A money judgment is enforceable for 10 years from entry and can be renewed (§§ 683.020, 683.110).
How your matter runs with us
Review the documents and calculate deadlines
We gather the trust, will, and all amendments, the trustee's notice, the death certificate, and property and bank records. The first task is working out when your deadline started and when it ends.
Demand information and an accounting
A demand letter asks the trustee or executor for the trust terms, an asset list, and an accounting. Many disputes become clearer at this stage.
Written assessment
We analyze the grounds and evidence, the no-contest risk, the cost of litigation, and likely outcomes, and you decide the next step with that in hand.
Negotiation or mediation
We present a proposal to the other side and arrange mediation over a sale, buyout, or distribution. Shenqi Cai holds a dispute-resolution certificate from Pepperdine's Straus Institute.
Court filings and litigation
We file the trust contest, § 17200 or § 850 petition, or civil complaint; use discovery to obtain medical, bank, and transfer records; prepare witnesses; go to trial if needed; and enforce the result. You receive a written update every two weeks.
Related matters
These are civil disputes we have handled, involving unpaid contract amounts, debt collection, property ownership, and allocation of liability.
Contract Dispute: $960,000 Judgment for the Full Purchase Price Plus Interest
$960,000 · Full purchase price plus interest awarded
Debt Collection: $430,000 Fully Recovered After Adding Personal Liability
$430,000 · Fully recovered after adding personal liability
Property Dispute, Cohabitants' Belongings: Disputed Property Recovered, Long Litigation Avoided
Disputed property recovered · Long litigation avoided
Contract Dispute, Warehousing: Scope of Liability Clarified, Warehouse Released From Liability
Scope of liability clarified · Warehouse released from liability
How we charge
Hourly
For trust contests and trustee litigation, where scope is hard to fix in advance. The rate and an estimate are given in writing, with an itemized invoice every month.
Fixed fee by stage
For defined work such as a demand letter, complaint, answer, or single motion. Each stage's fee is set in the engagement agreement.
Contingency or hybrid
Only for select collection matters with a defined amount and a solvent defendant. Whether it applies, and the percentage, are agreed in writing after review.
- The fee model, rates, and scope of work are written into the engagement agreement, and you can ask about any term before signing.
- Court filing fees, service costs, mediator fees, and expert costs (for example, medical record review or handwriting analysis) are separate, and we tell you before they are incurred.
- Contingency is not available for every matter; we decide after reviewing the facts and the other side's ability to pay.
Frequently asked questions
The following is general legal information and is not legal advice for any specific matter. For your situation, contact Lingtu Law APC at 415-547-9999 or on WeChat at lingtulaw.
