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.

  • “I have been consistently impressed with the quality of the representation he has provided. He has demonstrated all the traits that you hope to find in an attorney - he is very knowledgeable in his field, cares about his clients, works hard to get the best ”

    - Former Client
  • “Mr. Kirk recently completed the probate of my late mother's estate. Mr. Kirk gave his attention to this process and accomplished each step in a timely manner.”

    - L.A.
  • “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.
  • “Bradley Kirk & Associates is a finely tuned, well-oiled machine that represented me brilliantly. They are very knowledgeable, professional, and thorough in every aspect of dealing with Trusts and Estates. Mr. Kirk is dedicated to his clients and goes t”

    - Rin
  • “I used Mr. Kirk for a trust issue that had been ongoing for years. He was able to settle what 2 other attorneys were not able to do in a relatively rapid and cost-effective manner.”

    - Kelly
  • “Needless to say with Brad's help we got the results we were hoping for! Thank you again.”

    - John
  • “My life has changed from night to day since you agreed to take this case for me.”

    - C.D.
  • “I am happy he is working my case and I know the final outcome will be far superior than I ever anticipated.”

    - D.C.
  • “I am grateful he was my attorney. He is straight forward, honest, and knows how to put a case together! We went to arbitration to settle and Brad was fantastic, organized, had EVERYTHING documented, and right at his fingertips.”

    - Steph
  • “The team approached the case objectively, for a win for all parties involved. Jacob, Christian, and the entire team were patient and knowledgeable, putting us at ease. We trusted we were in the best possible hands given this unfamiliar territory.”

    - Anne-Marie

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
  • Aggressive Representation. Optimal Results.
  • Over 50 Years of Legal Experience
  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • Elder Abuse Defense/Trust Litigation Massive Settlement Win for Client

    In 2014, our client’s husband died. His daughter from a prior marriage sued our client for millions of dollars in assets that the husband had gifted to our client. The children were assisted in their litigation by the Decedent’s ex-lawyer who he had named as Trustee of his Trust. After vigorously defending our client in all of these Courts for four years, we forced a settlement of the entire matter which strongly favored our client.

  • 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.

  • Trustee Litigation/Real Property Dispute Court Victory

    In 2017, we were hired to defend against a claim brought against trustees of their deceased mother's trust by their father for a 50% interest in a $9 million property in Laguna Beach, CA. After a trial that spanned over 2 ½ months, the Court reduced the father’s claim to 25% of the Property and awarded none of the $1,000,000 being sought by the father.

  • 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.

  • 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.

  • 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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