(916) 313-3030 Contesting A Trust In California And What To Know
How to contest a trust in California is a common topic at Hackard Law. It 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 about how to contest a trust in California—before you file a petition.
Why Would You Contest a Trust in California?
Simply suspecting that something is wrong or that you are not happy with your inheritance is not enough to contest a trust. You must have formal standing as a beneficiary, heir, or a successor trustee to bring forth your challenge. Even if you meet this criterion, you must have valid grounds under California law. Common legal grounds and administrative issues include:
Undue Influence or Fraud
The settlor was coerced, manipulated, or deceived into changing the trust, often by a manipulative caregiver or opportunistic relative.
Improper Execution
The document was not signed and witnessed in accordance with California law. For example, the trust document lacks two non-interested witness signatures.
Breach of Fiduciary Duty
The trustee is acting improperly by self-dealing, mismanaging funds, or failing to provide mandatory accountings to beneficiaries while administering the trust.
Lack of Capacity
The settlor did not have the required mental ability to understand the nature of the trust, their assets, or their beneficiaries when creating or amending it.
Key Steps to Take When Contesting a California Trust
Now that you know your “why,” let us shift our focus to exactly how to contest a trust in California. In our state, this legal move requires swift action and adherence to strict probate laws. Once you confirm you have legal and valid grounds, follow these steps to take when contesting a trust:
Step One: Ensure You Meet Strict Deadlines
There are firm deadlines for filing a petition to contest a trust under California Probate Code § 16061.7, so you want to move quickly. Missing this deadline can bar your claim permanently, so you must make sure to act within 120 days from the day you receive the Notice of Trust Administration and file your petition.
Step Two: Gather Evidence
The next step in this legal process is to gather evidence. Collect all relevant documents that support your claim, like medical records and witness testimonies. Other evidence that substantiates your position could include emails, text messages, and financial statements.
Step Three: Consult with a Trust Litigation Attorney
Next, speak with a qualified California trust litigation attorney at Hackard Law so we can advise you of your rights and represent you at trial, when necessary.
Step Four: File a Petition in Probate Court
Our team of qualified trust litigation attorneys will formally draft and file a petition outlining your legal grounds and supporting facts with the California Superior Court’s probate division in the county where the trust is administered.
Step Five: Enter Discovery and Mediation
Following the filing, both sides engage in the discovery process by swapping records and taking depositions. Many trust contests are resolved through mediation outside of court before ever reaching a trial.
Potential Hurdles for Beneficiaries Contesting a Trust
Contesting a California trust involves overcoming several strict legal, financial, and evidentiary barriers. For a beneficiary to be successful, it requires proving highly specific grounds under California law and navigating the process before tight deadlines expire. This rigorous process comes with rigid procedural barriers and the ability to navigate complex rules, such as:
The “No-Contest” Clause
Many trusts contain “in terrorem” or no-contest clauses. Under C.P.C § 21310, these are generally enforceable. If you file an unsuccessful challenge without “probable cause,” you risk forfeiting your entire inheritance.
Burden of Proof
Courts strongly favor the decedent’s stated wishes, requiring clear and convincing evidence to overturn a trust. This burden generally rests with the challenger. However, California law shifts the burden to the person who unduly influenced the trust’s creator in those cases.
Paying for Defense
Under C.P.C. § 15684, trustees usually use trust assets to defend the trust’s validity, whereas contesting beneficiaries typically pay their own legal fees out of pocket. However, this is not an absolute rule. Trustee spending is closely scrutinized, and courts may shift fees depending on the outcome or conduct.
Personal Liability
In California, a beneficiary generally would not face personal liability simply for challenging a trust. However, under C.P.C. § 17211, if you file a contest without reasonable cause and in bad faith, the court can make you personally liable for the trustee’s attorney’s fees.
Reach Out to a Skilled Attorney That 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.