• 408-352-5470
  • poguereception@sbcglobal.net
  • 373 Meridian Avenue, Suite B, San Jose, CA 95126

Pogue Calvert

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Probate Litigation Attorneys

We help clients with a range of legal issues, including breach of fiduciary duty, trustee removal, fraud, elder abuse, contested accountings, trust interpretation, and will contests.

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408-352-5470

Defend your trust

Probate litigation

 Work with an experienced trust litigation attorney who can give you the guidance and support you need to protect your interests and those of your future generations.

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Trust Administration

Being a trustee can be complicated and burdensome. A trustee often must dispose of property, determine proper division and deal with competing views, all while still having to take care of all the other details of life and work. We have the knowledge to attend to all that in a timely manner and at reasonable cost.

Will and Trust Litigation

Challenges to the validity or construction of a will, trust or other estate planning document can be nerve-wracking and expensive. Whether you are challenging the terms or administration, or defending against such charges, we have done plenty of both and know all the procedural requirement to ensure compliance with the law.

Fraud and
Elder Abuse

When a loved one has been the victim of fraud, coercion, undue influence or elder abuse, the heartbreak and financial loss can be disastrous. Conversely, one who is sincerely and honestly trying to help may be accused by someone else who has an agenda. Whichever side of that line you may find yourself on, we have been there and done that and stand ready to assist.

Breach of
Fiduciary Duty

Protecting against embezzlement, delay, conflicts of interest or other impropriety in the administration of a conservatorship, trust, power of attorney, or other confidential relationship requires the skill and knowledge to detect and remedy the situation.
We have both.

Our Attorneys

Steven Pogue

Founding Partner

Andrew Calvert

Managing Partner

Common questions and information

About Probate Litigation

How do you prove you are a beneficiary?

Once the executor of the will has applied for Probate (the legal and financial processes involved in dealing with the assets of a person who has died), the will becomes a public document and you can obtain a copy of it to check if you are a beneficiary of the estate.

Can a beneficiary lose their inheritance?

If there isn't enough money in the estate to pay all of the gifts in the will, the law states that there's a certain order that decides which beneficiaries should lose their inheritance first: The residuary beneficiaries would lose their right to their inheritance first.

How is money distributed to beneficiaries?

The grantor can opt to have the beneficiaries receive trust property directly without any restrictions. The trustee can write the beneficiary a check, give them cash, and transfer real estate by drawing up a new deed or selling the house and giving them the proceeds.

Can I challenge a will in California?

Yes. But according to California's probate code, interested parties only have 120 days after the will's admission to probate to submit their appeal.

A will may be challenged in California on several grounds, including undue influence, incompetence, fraud, breaking California law, and the existence of multiple wills.

What evidence is needed to contest a will in California?

To successfully contest a will in California, you need to show through extrinsic evidence that the will was not the intent of the decedent.

This often requires expert opinions, witness declarations, testimonies, and the deceased's medical records.

What makes a will invalid in California?

A will can be declared invalid if its execution or revocation was procured by duress, menace, fraud, or undue influence.

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