Before the Lawsuit: Protecting Trustees from Beneficiary Claims and Fiduciary Exposure

Jonathan H. Park, Partner | Holland & Knight LLP

Jonathan H. Park represents trustees, beneficiaries, private fiduciaries, and financial institutions in fiduciary litigation as a partner in the Los Angeles office of Holland & Knight LLP. His practice centers on complex trust and estate litigation together with probate and trust administration, and he approaches each trust dispute by pinpointing the issues actually driving it and pursuing the most efficient route to the client’s goal, often through informal dispute resolution and formal mediation.

• Education & Credentials

Mr. Park received his J.D. from New York University School of Law and his B.A. in Public Policy Studies from The University of Chicago. He is admitted to practice in California.

• Recognition & Leadership

Mr. Park is listed in The Best Lawyers in America for Litigation – Trust and Estates (2024–2027) and in the Chambers High Net Worth guide for Private Wealth Disputes: California (2026). In 2025, the Los Angeles Business Journal named him to its Leaders of Influence lists for both Thriving in Their 40s and Minority Attorneys. He was earlier recognized as a Rising Star by Southern California Super Lawyers magazine (2013–2016), and Holland & Knight has named him a Pro Bono All-Star (2020, 2021) and a Public and Charitable Service All-Star (2014–2018).

• Professional Involvement

He is a former co-chair of the Trusts and Estates Committee of the National Asian Pacific American Bar Association and belongs to the Trust and Estates Sections of both the State Bar of California and the Los Angeles County Bar Association. From 2018 to 2019 he served as a provisional director of the Korean American United Foundation, and he has given pro bono legal help to organizations including We The Action (Election Protection), Public Counsel, Bet Tzedek, and the Alliance for Children’s Rights.

• Experience

Mr. Park litigates fiduciary matters on both sides, pursuing claims for individual beneficiaries and defending trustees who face suit. At the trial and appellate levels, he has handled will and trust disputes, breach of fiduciary duty claims, contested conservatorships and guardianships, and financial elder abuse matters, including cases involving trusts and estates that hold complex commercial businesses and substantial real estate. He also works with individuals and families to evaluate potential disputes before they arise and to build succession plans for an orderly transition of control, administration, and distribution of estate assets.

A significant part of his practice serves national charities, universities, and other nonprofit, educational, religious, and tax-exempt organizations. For these clients he works to carry out donor intent by reducing administration fees, maximizing gift value, and expediting distributions, and he litigates when necessary to protect their interests, including recovering misappropriated assets.

Amber N. Morton, Associate | Holland & Knight LLP

Amber N. Morton advises clients on mitigating, avoiding, and resolving trust and estate disputes before a lawsuit is filed, and litigates them when one is. She is a Los Angeles attorney in Holland & Knight LLP’s Private Wealth Services Group and a member of its Trusts, Estates and Fiduciary Litigation Team, with a practice focused on complex trusts and estates litigation, including breach of fiduciary duty matters, trust and will contests, contested conservatorships, and financial elder abuse claims.

• Education & Credentials

Ms. Morton earned her J.D. from the University of Southern California Gould School of Law, where she was president of the Latino Law Students Association, a copy editor for the Southern California Review of Law and Social Justice, and a certified intern with the Post-Conviction Justice Project. She holds a B.S. in Foreign Service from Georgetown University, along with a Certificate in International Development. She is admitted in California and before the U.S. Court of Appeals for the Ninth Circuit and the U.S. District Court for the Central District of California.

• Recognition & Leadership

Ms. Morton is listed in Southern California Super Lawyers magazine for Estate & Trust Litigation (2023–2026), after being named a Rising Star in the same category from 2020 to 2022. She is also listed in The Best Lawyers in America for Litigation – Trust and Estates (2024–2027), and Los Angeles magazine included her in Best of L.A. Legal for 2026.

• Professional Involvement

She is a member of the American Bar Association, the California Young Lawyers Association, and the Los Angeles County Bar Association.

• Experience

Ms. Morton represents clients across every phase of a fiduciary dispute in state and federal courts. Before suit, she counsels clients on mitigating, avoiding, or resolving the dispute; once litigation begins, she handles discovery, law and motion practice, trial preparation, and trial, while pursuing resolution through settlement negotiations and mediation as well as at trial. Earlier, she served as a judicial extern to the Honorable Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit.

SESSION 1 – Trustee Duties, Discretionary Decisions, and Preventing Fiduciary Claims | Jonathan Park, Amber Morton | 2:30pm – 3:30pm

This session examines the duties that govern every trustee decision under the Uniform Trust Code, the Restatement, and common law, including a brief discussion of California law. It then identifies the discretionary actions most likely to draw beneficiary claims and objections: trustee fees, discretionary distributions, accountings, trust interpretation, final distributions, and the trustee’s role when beneficiaries dispute a trust or will among themselves. The session closes with the practical steps that reduce fiduciary exposure, including documenting administrative actions, keeping records, preparing accountings, relying on professionals, tracking statutes of limitations, and communicating with beneficiaries.

BREAK | 3:30pm – 3:40pm

SESSION 2 – Trust Modifications, Beneficiary Objections, and Pre-Litigation Strategy | Jonathan Park, Amber Morton | 3:40pm – 4:40pm

This session addresses what to do when a trust instrument needs to change or a beneficiary pushes back. It compares the options for modifying a trust without a lawsuit, including court approval and non-judicial settlements, and the circumstances in which each is appropriate. It then turns to common beneficiary objections and claims: how to analyze and respond to them, how to preserve the attorney-client privilege, when to pursue early dispute resolution, and how to prepare for litigation. The session closes with a recap of best practices for administering a trust to avoid and defend against beneficiary objections and claims.