Estate Litigation

Palo Alto Estate Litigation Attorney

Estate Law Depth Meets Courtroom Advocacy for Silicon Valley Families

When an estate dispute surfaces, the attorney you need isn’t just one who knows courtrooms. You need one who understands trust documents, fiduciary relationships, and how Silicon Valley estates are built. Gilfix & La Poll Associates LLP has practiced estate and tax law in Palo Alto since 1983, and that four-decade foundation shapes how we approach every dispute. Our litigation team handles matters from early negotiation through courtroom advocacy in state and federal courts, arbitration, and administrative proceedings. Whatever resolution path fits your case, we’re equipped to pursue it.

Estate disputes carry financial and relational stakes. As a co-founder of the National Association of Elder Law Attorneys, we hold certification in both estate planning and elder law, which means our litigation counsel reads the same documents, understands the same planning intent, and knows the same fiduciary standards that shaped the estate before any conflict arose. That depth matters when a case turns on what a trust provision actually means or whether a trustee acted within their authority.

Facing an estate dispute in the Palo Alto area? Call Gilfix & La Poll Associates LLP at (650) 683-9200 or contact us online to discuss your situation with our estate litigation team.

What Is Estate Litigation?

Estate litigation encompasses legal disputes over the administration, distribution, or management of a decedent’s estate or a trust. These conflicts arise when beneficiaries question the validity of planning documents, challenge fiduciary conduct, or suspect financial misconduct. Some disputes stem from unclear instructions left behind. Others emerge from suspected elder financial abuse, mismanaged assets, or disagreements among heirs.

Resolution paths include negotiation, mediation, arbitration, and formal proceedings in probate court. For Palo Alto residents, trust and estate disputes typically fall under California probate law, with the Santa Clara County Superior Court overseeing formal proceedings. The goal throughout is to protect beneficiaries, honor the decedent’s intent, and hold fiduciaries accountable to their legal obligations.

Common Types of Estate Disputes We Handle

Estate conflicts take many forms. Our litigation team represents clients across a broad range of dispute categories, and identifying the right characterization early shapes the strategy that follows.

Will Contests & Trust Contests
We handle challenges to the validity of wills and trusts, including those based on lack of capacity, undue influence, fraud, or improper execution. These cases often require careful reconstruction of the circumstances under which a document was signed.

Breach of Fiduciary Duty
Trustees, executors, and other fiduciaries owe legal obligations to beneficiaries. When those duties are violated through self-dealing, mismanagement, or failure to account properly, we pursue claims for surcharge or removal.

Contested Conservatorships
We represent clients in disputes over the appointment of a conservator or the conduct of one already in place, including cases where a senior’s vulnerability to undue influence is central to the question.

Elder Financial Abuse
Financial exploitation of older adults appears frequently in estate-adjacent disputes. We pursue these claims where evidence supports improper transfers, manipulation, or exploitation of a senior’s diminished capacity.

Questioned Transactions
Financial transfers that appear improper in the context of estate administration require close scrutiny. We analyze these transactions and pursue remedies where the evidence supports a claim.

Estate Value Losses from Mismanagement
When an estate or trust loses value due to poor investment decisions, unauthorized transactions, or deliberate misconduct, we work to identify what happened and seek recovery for those harmed.

Trust Accounting Disputes
Beneficiaries who question a trustee’s records, distributions, or failure to provide required accountings have legal recourse. We represent clients in compelling proper accountings and challenging those that don’t hold up to scrutiny.

Real Estate, Insurance, and Business Disputes
Estates involving real property, business interests, or insurance proceeds introduce additional complexity. We handle these disputes as part of broader estate administration or as standalone matters connected to it.

How We Investigate Estate Disputes

Effective estate litigation begins before any filing. Our approach combines legal analysis, financial review, and a clear-eyed understanding of family dynamics. Depending on the circumstances, we:

Review estate planning documents, including wills, trusts, amendments, and accountings
Analyze financial records for mismanagement, discrepancies, or improper transactions
Interview involved parties and witnesses to understand the history of the dispute
Collaborate with financial and forensic experts to assess asset values or identify irregularities
Evaluate fiduciary performance to determine whether responsibilities were fulfilled appropriately

This structured process lets us identify strengths and weaknesses early, choose the right resolution path, and build a well-prepared case when litigation becomes necessary.

Why Palo Alto Families Choose Gilfix & La Poll Associates LLP for Estate Litigation

We aren’t a general litigation practice that occasionally handles estate matters. Estate and elder law is all we do, and that focus runs through every aspect of how we represent clients in disputes.

Institutional Depth in Estate & Elder Law

Since 1983, we’ve served thousands of individuals and families across Silicon Valley. We pioneered Special Needs Trusts as a planning tool, co-founded the National Association of Elder Law Attorneys, and our attorneys have published books on estate and elder law. That institutional depth doesn’t sit on a shelf when disputes arise. It informs how we read a contested trust, challenge a trustee’s accounting, and evaluate whether a fiduciary acted within their authority.

How We Represent Clients Through Litigation

Our team represents clients in state courts, federal courts, arbitration, and administrative proceedings. The attorneys at our firm span three generations of the Gilfix and La Poll families, and our Peace of Mind (POM) Program keeps clients informed and accessible throughout every matter, including through the demands of active litigation. Estate litigation requires attorneys who understand both courtroom procedure and the substantive law of trusts, estates, and fiduciary duties. That combination is built into how this firm works.

Contact Our Estate Litigation Team in Palo Alto

Estate disputes move quickly, and the decisions made early often shape what’s possible later. Whether your situation calls for negotiation, mediation, or court proceedings, we can help you evaluate your position and choose a path forward.

Call our Palo Alto office at (650) 683-9200 or reach out online to speak with our estate litigation attorneys about your case.

Frequently Asked Questions About Estate Litigation

How Long Does Estate Litigation Take?

Timelines vary considerably depending on what the dispute involves. Some matters resolve through negotiation or mediation within a few months. Complex cases with multiple parties, substantial assets, or contested documents can take significantly longer, particularly if formal proceedings in Santa Clara County probate court are required. We evaluate the most efficient resolution path early so clients understand what to expect before committing to a course of action.

Do All Estate Disputes Go to Trial?

No. Many resolve through negotiation, mediation, or settlement before any trial takes place. In California, trust and estate disputes are typically decided by a probate judge rather than a jury, which shapes how these cases are prepared and argued. When the matter does require litigation, our team is prepared to proceed through whichever venue the case demands, whether state court, federal court, or arbitration.

Can a Trustee or Executor Be Removed?

Yes. Removal is available when a fiduciary mismanages assets, fails to meet legal accounting requirements, engages in self-dealing, or acts against the interests of beneficiaries. Depending on the circumstances, the court may also impose a surcharge, requiring the fiduciary to compensate the estate for losses their conduct caused.

What If I Believe a Will or Trust Was Created Under Undue Influence?

A will contest or trust contest based on undue influence challenges the circumstances under which the document was signed. These cases require careful investigation and typically draw on testimony from people who knew the decedent, medical records reflecting the person’s condition at the time, and analysis from qualified experts. The strength of any challenge depends on the specific facts, which is why early case evaluation matters before a claim is filed.

Is Estate Litigation Expensive?

Costs depend on the complexity of the dispute, the number of parties involved, whether forensic or financial experts are needed, and whether the matter proceeds to a formal hearing or trial. Early case evaluation helps identify the most efficient strategy and can sometimes surface resolution paths that avoid extended litigation. We discuss cost considerations with clients at the outset so there are no surprises as the matter develops.

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Why Choose Gilfix & La Poll Associates LLP?

Unparalleled Experience, Knowledge & Strategies

Certified Specialists in Estate Planning & Elder Law
Co-Founder of the National Association of Elder Law Attorneys
Pioneers in Elder Law & Estate Planning
Hundreds of Millions of Clients' Dollars in Taxes Saved
Thousands of Families in the Community Served
Over 35 Years of Serving the Bay Area

Real People. Real Feedback.

Hear What Our Past Clients Have To Say

"Your letter to the Medi-Cal office did the trick. They are no longer threatening to put a lien on my house. I cannot thank you enough for helping me protect my home."

Your letter to the Medi-Cal office did the trick. They are no longer threatening to put a lien on my house. I cannot thank ...

D.S.
"I now understand why the trust will save our family a fortune in tax!"

Thank you for the help in setting up the trust for our family. After my husband's death, I saw how tremendously valuable it ...

M.M.G.
"When my husband passed away, my attorney at Gilfix & La Poll Associates LLP explained all the steps that have to be taken, saw to it that all steps were taken, and literally held my hand through the process."

When my husband passed away, my attorney at Gilfix & La Poll Associates LLP explained all the steps that have to be taken, ...

J.T.
"I want to express my gratitude for your professionalism and your invaluable assistance during our recent meeting on behalf of my parents."

I want to express my gratitude for your professionalism and your invaluable assistance during our recent meeting on behalf of ...

J.J.
"I heard of the Special Needs Trust before, but I never understood it until you so patiently and clearly explained it to me. We now have one in place for our son."

I heard of the Special Needs Trust before, but I never understood it until you so patiently and clearly explained it to me. ...

A.M.
"Absolutely superb, respectful and very compassionate in the manner that you spoke to my parents about a very difficult situation."

I will never forget you. I have passed your name on to numerous friends with similar situations. You are absolutely superb, ...

K.S.M.

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