Our Practice Areas
Irvine Probate & Trust Litigation Lawyers
There are many types of trust/probate litigation cases that our firm handles on a daily basis. The main areas of cases of adversarial cases we handle are:
- Fiduciary Litigation (a trustee/executor being sued by a beneficiary for breach of fiduciary duty and/or being sued for removal from their position).
- Accounting Litigation (litigation arising from an accounting presented by a trustee/executor or from the failure of a fiduciary to provide an accounting)
- Will/Trust Contests (where a beneficiary or other interested person sues to nullify a Will/Trust based on undue influence, incapacity, fraud or coercion)
- Elder Abuse Litigation (where an elder individual is taken advantage of (usually financially) by the misappropriation of funds or someone having the elder sign documents without a complete understanding of the nature and consequences of the document).
We represent both beneficiaries and fiduciaries/trustees/executors. Our clients are evenly split between these two categories.
If you are facing a dispute or litigation involving trusts or probate, or need assistance administering a will or trust, we can help. Call (949) 220-0969now to learn how we can assert and/or protect your rights and interests.
Real Clients. Real Reviews.
Testimonials-
“Brad and Jacob, thank you for all you have done to get me through these tough times. It means more than words can say.”
- C.D. -
“I have worked with Mr. Kirk and his firm for over a year correcting the wrongful and hostel actions that my only brother and his wife took from the family Trust. Both my father and I were shocked at ...”
- Laura -
“Jacob De Villiers of Bradley Kirk and Associates was wonderful in assisting me with the probate process after the death of my mother. The most important thing was that he kept me informed and was very ...”
- anonymous -
“I am happy he is working my case and I know the final outcome will be far superior than I ever anticipated.”
- D.C. -
“It is with disbelief that I read the negative review of a client thee months ago. His experience certainly wasn't mine! I found Brad and his staff extremely responsive. All our communication i.e. ...”
- anonymous -
“By your skill and dedication to my case, you allowed me to move on with my life and move past this bizarre chapter. As I mentioned to you when last we met, you are very good at your job. I can’t thank you enough.”
- C.B. -
“Every person in the firm is sharp, competent, friendly, has great follow thru, is knowledgeable in the most current Trust law, provides honest and insightful answers to legal questions, and personally are terrific individuals.”
- L.V.W. -
“There was an outstanding debt due to the Estate that posed a more complicated issue, but Jacob’s experience, knowledge, and communications skills continue to help me work the issue. I appreciate the integrity of Bradley Kirk & Assoc. and recommen”
- Former Client -
“Bradley Kirk is a joy to watch at what he does best - a trial attorney. He can judge people fast and respond appropriately on the spur of the moment. One couldn't be in better hands.”
- Linda -
“I had a very complicated case, not one that was easy to defend. I employed two attorneys prior to Brad who were unable to successfully resolve the case. Brad and his staff were thorough in their ...”
- Diane
How We Can Help
The attorneys at Bradley R. Kirk & Associates, Inc. litigate claims and disputes between trustees, beneficiaries, heirs, executors, and creditors involving trusts and probate. We also assist administrators, executors, and trustees with the administration of trusts and probate.
Our lawyers are fully prepared to assist you if your case involves:
No matter which issue you are facing, you can rely on our skilled attorneys to effectively handle your case.
Put Years of Skill & Experience to Work
What You Can Expect-
Honesty, Transparency & Accessibility
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Aggressive Representation. Optimal Results.
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Over 50 Years of Legal Experience
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Board Certified Specialization in Probate & Trust Litigation
Fighting for Your Inheritance
You may have assumed that because your deceased loved one created a will or trust that your rights to your inheritance were secure – only to find out that a disgruntled family member is seeking to deprive you of your rights. Inheritance theft can take several forms - from unduly influencing a person’s wishes while they are alive so that they sign an imprudent last minute “amendment” – to outright theft of the deceased’s individual’s assets. It is remarkable how often, after someone dies, family members produce never-before-seen “amendments” or “codicils” that purport to drastically change the Decedent’s true wishes. We have successfully litigated these types of cases through trial where we had the fraudulent “amendment” thrown out.
We have tried cases, and won, where a disgruntled family member attempted to disenfranchise other family members by dubious financial dealings with the Decedent. If you believe that someone is trying to wrongfully strip you of your inheritance, you need an expert trial attorney who specializes in trust/probate litigation. We can help.
Call our Irvine probate and trust litigation lawyers at (949) 220-0969 now, or contact us online. We fight hard for the results you need.
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Will Contest Fraudulent Will Thrown Out in Court
In 2016, our client’s spouse had passed away, and relatives claimed that the Decedent had signed a last-minute Will which allegedly disinherited our client. After going to trial, our client received a judgment in her favor which included payment of her costs.
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Elder Abuse/Trust Litigation Elderly Client Gets His Life Back
Our firm was hired by an elderly gentleman who was being financially abused by his neighbors. After being hired, we obtained elder abuse restraining orders against the neighbors, and we counter-sued for elder abuse and to have all of the fraudulent estate planning documents voided. After we vigorously litigated the matter for two years, the neighbors finally gave up – released all of the client’s assets back to him – and relinquished all claims to his Trust.
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Trust Litigation – Breach of Fiduciary Duty House Awarded to Single Mother After Trial
A client’s father passed away and left her a home. Her father wanted her to have his home so she would have a place to live. When the father passed away, the brothers sued their sister. A nasty litigation ensued, and our firm raised a vigorous defense for our client. Our client ended up with the house her father wanted her to have, and we were able to collect our attorney’s fees from the brothers.
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Real Estate Fraud/Elder Abuse Elder Abuse Case - Property Recovered in Court
Our client hired us after his mother died. He had discovered that before his mother had died, the client’s sister had taken the mother to a notary and had her sign over her house to the daughter. We litigated the matter through a 7-day trial – after which the Court ruled in our client’s favor and ordered the property transferred back into our client’s name.
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Estate Plan House Returned Along With Other Valuable Assets
Our clients (brothers) lost their mother. The father, who was a successful orthopedic surgeon, was aging and began to lose his capacity. A new woman injected herself into his life and began to take over. She moved into his house, put her name on his bank accounts, and supposedly got him to change his estate plan to disinherit his sons. At trial in the matter, we were able to get the house back for our clients in addition to many other valuable assets that the woman had tried to steal from our clients.
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Elder Abuse Defense/Breach of Fiduciary Duty/Surcharge Successful Elder Abuse Defense
In July of 2018, our client, who was the Trustee of her deceased mother’s trust, was sued by her sister for breach of fiduciary duty, elder abuse, removal as Trustee, and surcharge. Our Firm vigorously defended the claim and although the initial claim was for in excess of $1 million, we settled for pennies on the dollar. All charges for elder abuse, surcharge and removal were dismissed.
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Elder Abuse Elder Abuse Case - Huge Award Won in Court
In 2019, our client represented the guardian-ad-litem of an elderly woman who had been financially abused. After a nine-day trial in Orange County Probate Court, our client obtained an award for elder abuse damages including double damages, punitive damages and attorney’s fees.
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Elder Abuse/Theft/Trust Fraud Funds Frozen, Client Wins
Our client, who believed that he was the Trustee and beneficiary of his mother’s Trust, learned that while his mother was sickly and mentally infirm, his daughter had manufactured a situation where the mother did last-minute changes to her Trust which supposed to disinherit the son. After aggressively litigating the case, we obtained a settlement for our client where he received virtually all of the frozen funds.
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Breach of Fiduciary Duty/Surcharge/Accounting/Real Property Dispute Total Victory for Trustee
In 2015, we represented a client in a dispute with his sister, where his sister was claiming that he wrongfully took a parcel of real property from their father. Our client was sued for breach of fiduciary duty, removal as Trustee, accounting dispute, and surcharge. After a 7-day trial in 2017, our client won a total victory. The Court denied all claims against him and found no liability.
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Trust Contest/Fraudulent Trust Generous Settlement Won through Litigation
Prior to our client's mother’s death, when the mother was mentally incompetent, the sister took the mother to a lawyer and had her estate planning documents changed – purportedly disinheriting the brother from the mother’s $10 million estate. The matter proceeded in litigation for 4 years, during which our firm relentlessly fought in Court for our client. Finally, the sister conceded, and our client received a generous settlement.