Wills & Trusts
Practice area
Wills & Trusts Litigation
When a will or trust is contested, beneficiaries and trustees need a litigator who has spent more than eighteen years in California probate court. Mark Malachowski protects your inheritance and the true intent of the settlor.
What this covers
How Mark helps with wills & trusts
Will contests
Challenging or defending a will’s validity on grounds of capacity, fraud, or improper execution.
Trust disputes
Litigation over trust terms, amendments, and the conduct of trustees.
Trust administration
Guiding trustees through their duties and defending them against claims.
Fraud & forgery claims
Exposing forged amendments and documents that do not reflect the settlor’s wishes.
Elder abuse & undue influence
Protecting vulnerable settlors from those who pressure them for gain.
Beneficiary & heir representation
Standing up for the people the estate was meant to provide for.
In depth
What wills & trusts involves
Trust disputes and will contests
Mark Malachowski has over eighteen years of litigation experience in Northern California Superior and Federal courts. His practice focuses on trust disputes, will contests, and trust administration, and his proven results support his courtroom experience.
The Law Office of Malachowski & Associates litigates erroneous claims, whether they arise from family members, caregivers, or non-family opportunists. We handle a diverse range of legal services, making us uniquely qualified to protect the rights of beneficiaries and the intent of settlors and trustors.
The process
A clear path from first call to resolution
01
Case assessment
We review the documents, the timeline, and the evidence of capacity and influence.
02
Strategy & leverage
We build the strongest position and pursue resolution from strength.
03
Resolution
We settle favorably when possible and try the case when that serves you best.
Related viewing
All episodes Wills & Trusts on Law Talk TV
Wills & Trusts
Sumner Redstone, Prince & the Julia Zharova Estate Battles
Wills & Trusts
Sumner Redstone
Guides
Common wills & trusts questions, answered
How to Contest a Trust
You generally have 120 days from the trustee’s notice to contest a California trust (Probate Code 16061.8). Grounds, standing, steps, cost and who pays.
Read the guideRemoving a Trustee
A California court can remove a trustee for breach of trust, unfitness, failure to act or other good cause (Probate Code 15642). What it takes and costs.
Read the guideTrust Accountings
California trustees must account at least yearly under Probate Code 16062. If a trustee ignores a written request for 60 days, you can petition to compel one.
Read the guideNo-Contest Clauses
California enforces a no-contest clause only in the narrow cases listed in Probate Code 21311. A contest brought with probable cause does not trigger it.
Read the guideUndue Influence and Elder Abuse
California courts weigh four factors to find undue influence (Welfare and Institutions Code 15610.70). Elder financial abuse claims, presumptions and remedies.
Read the guideHeggstad and 850 Petitions
A Heggstad petition under Probate Code 850 asks the court to confirm a house belongs to the trust though the deed was never changed. Who files, cost, timing.
Read the guideWills & Trusts FAQs
Questions clients ask
Common grounds include lack of capacity, undue influence, fraud or forgery, duress, and improper execution. You cannot contest simply because you are unhappy with the terms; the law requires a recognized legal ground.
Once a trust becomes irrevocable, the trustee usually must send a notice under Probate Code section 16061.7. From the date you receive it, you generally have 120 days to file a contest. The deadline is unforgiving, so act quickly.
Undue influence is the use of a position of power to override the free will of a vulnerable person. California courts weigh the victim’s vulnerability, the influencer’s authority, the tactics used, and the inequity of the result.
Yes. Mark represents both trustees defending their administration and beneficiaries challenging it, which means he understands the case from both sides.
Forgery and fraud are grounds to challenge a document. Preserve everything and contact a litigator promptly so evidence can be secured before it disappears.
Facing a wills & trusts matter?
Tell Mark what’s happening. You’ll get a straight read on your options and a clear next step.