When a trust document does not seem to reflect the wishes of the decedent, it may be necessary to contest the validity of the trust documents. If you are questioning a trust, it is necessary to speak with a knowledgeable attorney about filing a petition to invalidate an Alameda County trust.
At Hackard Law, our trust litigation attorneys provide tailored legal assistance to advocate for people who want to ensure the respect of their loved ones’ last wishes. We also work on a contingency fee basis, which means that you will not owe us attorneys’ fees unless we win your case.
To request the invalidation of a trust, you must file a petition with the probate court in the county where the trust is administered (e.g., Alameda County). Any person who has a beneficial interest in the trust, including beneficiaries of the trust or individuals who would inherit from the trust if the court were to determine it to be invalid, may file this petition.
In the petition, you must clearly state the reasons or grounds for filing the petition, along with supporting evidence. You must also serve all parties, including the trustee and beneficiaries, with notice of the petition to invalidate the trust. The court will then schedule a hearing for you to present your evidence
There are many reasons you might file a petition to invalidate a trust in Alameda County. These include:
Because there are various reasons why petitioners may contest a trust, it is essential to consult with a dedicated attorney.
When you file a petition in Alameda County to contest a trust, the court must make a decision as to the trust’s validity. After hearing all of the evidence, the court may determine that the trust is valid and should be upheld, that some of the trust terms require modification, or that the trust should be invalidated.
If the court invalidates the entire trust, it will direct the distribution of assets in accordance with the terms of the prior trust document. If there are no valid estate planning documents, the court will distribute assets through intestate succession. An experienced attorney could review all potential consequences of filing a petition to invalidate a trust.
While filing a petition to invalidate an Alameda County trust can be complicated, an experienced attorney could help guide you through the process.
At Hackard Law, we have extensive experience advocating for people who want to ensure that their loved one’s last wishes are upheld. To review your case and discuss your options, contact our firm today.
(916) 775-8542