The Dangers of Texts and Emails in Your Trust Litigation Case!

The Quick Answer: Anything You Say in Writing Can—and Often Will—Be Used Against You

In California trust litigation, texts and emails are among the most common and powerful forms of evidence used in court. Whether you're a beneficiary, trustee, or family member involved in a dispute, your digital messages can be subpoenaed, misinterpreted, or weaponized.

At Moravec, Varga & Mooney, we regularly review text and email records in trust and probate cases. These messages often become key exhibits used to support or defend claims of undue influence, trustee misconduct, or breach of fiduciary duty.

How Texts and Emails Become Legal Evidence

In probate court, texts and emails are considered written communications that may be introduced as evidence under California’s Evidence Code.

Courts will review:

• Tone and content of messages

• Timing of communication (e.g., just before or after a trust amendment)

• Threats, manipulation, or coercion

• Statements that suggest intent, capacity, or undue influence

💬 Even an offhand message like “Don’t tell the others what mom said…” could raise red flags.

Common Mistakes People Make with Digital Messages

Here are just a few ways texts and emails can backfire in a trust dispute:

1. Accidental Admissions

You may casually admit something that undermines your legal claim, like acknowledging a trustee’s authority or confirming receipt of a distribution you later deny.

2. Contradictions

If you tell the court one thing but previously wrote something different in a message, opposing counsel will use it to damage your credibility.

3. Emotional Outbursts

Angry texts or emails—even if provoked—can make you appear hostile, irrational, or aggressive in court.

4. Deleted Messages

Deleting emails or texts can be interpreted as intentional destruction of evidence, especially if litigation has already begun.

What Not to Say in Writing During a Trust Dispute

Avoid sending messages that:

• Accuse others of wrongdoing without legal advice

• Threaten legal action or retaliation

• Ask a trustee to violate fiduciary duties

• Discuss confidential legal strategy

• Pressure an elderly parent or relative to make changes to their estate plan

Even messages between family members or friends can be introduced into evidence—nothing is off limits if it’s relevant to the case.

What to Do Instead

✅ Use neutral language in all communication

✅ Assume that every text or email could be read in court

✅ Keep sensitive discussions offline or through your attorney

✅ Store important messages safely—you may need to produce them

✅ If litigation is likely, stop texting and seek legal advice immediately

When Texts and Emails Can Help Your Case

Texts and emails aren’t always bad—they can support your claims if:

• They show the trustee admitted wrongdoing

• They confirm a distribution was promised but never delivered

• They reveal manipulation by a beneficiary or caregiver

• They provide proof of the decedent’s true intent

Properly used, digital communications can become essential evidence in your favor.

Protect Yourself by Speaking Through Counsel

If you’re involved in a trust dispute or worried about upcoming litigation, stop texting about it and start talking to a lawyer. At Moravec, Varga & Mooney, we protect clients from digital missteps and use messages strategically when they support your claim.

📞 Schedule a consultation today before your words are taken out of context.