(916) 775-8542 Contesting A Trust In California And What To Know
Contesting a trust in California could be a complex matter that requires you, as the petitioner, to meet specific legal grounds. The process is a typical legal proceeding with several key stages and strict deadlines. Failing to abide by the probate court’s rules may waylay your claim or even lead to a dismissal.
Whether you believe the trust is invalid or you want to hold the trustee accountable for mismanaging assets, read on. Here is what you need to know when contesting a trust in California before you file a petition.
Why Would You Contest a Trust in California?
Simply suspecting that something is wrong is not enough to contest a trust. First, you must be a beneficiary, a legal heir, or a successor trustee to bring forth your challenge. You are also required to present legal grounds in order to pursue this action in California, such as undue influence or fraud. These terms describe a situation in which someone coerces or deceives the trustor into making changes to the trust, often by taking advantage of vulnerabilities, such as age or illness.
As the petitioner, you may also argue that the trustor lacked the mental capacity to create the trust or that the trust was not signed or witnessed correctly, per California law. The trustee’s breach of fiduciary duty may also come into play if that individual acted improperly while administering the trust.
Key Steps to Take When Contesting a California Trust
The first step in this legal process is to gather evidence. Collect all relevant documents that support your claim, like medical records and witness testimonies. Next, speak with a qualified California trust litigation attorney at Hackard Law so we could advise you of your rights and draft your petition.
There are firm deadlines for filing a petition to contest a trust, so you want to move quickly. You must act within 120 days from the day you receive the Notice of Trust Administration to file your petition. However, we may be able to settle your concerns outside of court through mediation, rather than going to trial.
Reach Out to a Skilled Attorney Who Knows How to Contest a Trust
This guide barely scratches the surface of what you need to know when contesting a trust in California. Connect with our compassionate team at Hackard Law for advice. We are here for you when you need answers to tough questions, and because of our contingency fee policy, you do not have to pay us unless we win your case.
Our team of skilled trust and estate litigation attorneys has been serving California residents for nearly four decades, and we have the experience you demand. We tailor our legal counsel to suit your unique needs, from your first consultation through your contest’s resolution, so there is no need to worry about cookie-cutter representation.