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How Can I Contest a Trust in California?

Trusts are frequently used by families as part of estate planning for parents to convey their assets to children and avoid the California probate process. As a result, many inheritance disputes involve trust disputes and lead to lawsuits. It is known as trust contests. A trust may have been created or amended by an elderly parent who lacked the necessary capacity to make decisions.

A trust document may have been changed to benefit one beneficiary at the expense of others. If you suspect fraud or undue influence in the creation or revisions of a trust, then contesting it in a California court is your option to fight for your inheritance. A trust contest is a legal objection to the validity of a trust. Having a trust contest attorney who understands California laws (creation and administration of trusts) is your safest choice.

  • > We have recovered more than $250 million for our clients
  • > Albertson & Davidson, LLP recovered more than $250 million for our clients

How Our Trust Contest Attorneys Can Help

We have extensive litigation experience in courtrooms throughout California. Albertson & Davidson has recovered more than $250 million in court verdicts and negotiated settlements for our clients. The attorneys at Albertson & Davidson, LLP help individuals and families in California work through disputes involving contested trusts.

Let the California trust litigation attorneys at Albertson & Davidson, LLP review the details. Discuss with them how to contest a trust in California and whether a trust contest lawsuit is appropriate in your case. Call (877) 408-3813 to reach a trust contest lawyer. We handle trust contest litigation on a contingency fee basis. You can obtain skilled legal representation without any upfront costs.

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What Happens When a Trust is Contested?

A trust contest lawsuit is filed in the California probate court, stating the basis for challenging the trust and the supporting evidence.

After the trust lawsuit has been filed, attorneys at Albertson & Davidson will move quickly to subpoena three sets of relevant documents. We will subpoena the documents from the estate planning attorney who set up the trust.

The second set of documents we subpoena are the medical records of the person who established the trust. We look for medical issues such as dementia, Alzheimer’s or others that may have affected the person when the trust was created.

We also subpoena financial records that can show cash withdrawals by a bad actor. It is the individual who was exercising undue influence over a parent or elder.

These types of records can provide strong evidence to help you obtain a satisfactory settlement of a trust contest. It can also be used to support your claim if the case goes to trial. If a trust contest is successful, the court will invalidate the trust or set aside a trust amendment.

A court can also remove a trustee for breach of trust, for taking excessive payments or if the individual is unfit to act as trustee.

Why Should You Contest a Trust?

Here are some situations where contesting a trust may be necessary:

  1. If you believe the person who created the trust was unduly pressured or coerced into creating trust. The same with making changes to the trust document. We look to assess whether the parent was vulnerable to undue influence. Also whether there was a bad actor who was trying to manipulate the parent or elder. What actions were taken? For example, if a grown child threatened or exerted undue pressure on an elderly parent to make changes to a trust, that may be grounds for a trust contest.
  2. If you believe that the person who created the trust (known as the settlor) was not mentally competent when he or she signed the trust. A trust is only legally valid if the person who made the trust was cognizant of what he or she was doing. Attorneys at Albertson & Davidson can seek medical evidence such as a diagnosis of dementia. It is to show that an elder parent who created a trust was not competent when the trust was signed.
  3. Lack of capacity and undue influence are frequently cited grounds in trust contests.
  4. You may need to file a trust contest if you suspect fraud in the creation or administration of the trust.
  5. You may challenge a trust if the person who helped set up the trust (other than the settlor) will benefit from the trust.
  6. You may contest the trust if there were issues with how the trust document was signed or witnessed. California law has specific requirements about the signing of a trust document to make it valid.

A trust may be contested on similar grounds as a will can be challenged in California.

It’s important to read and understand the terms of the trust and talk with an experienced trust contest lawyer. If you challenge a trust on the basis of fraud, duress, lack of mental capacity, undue influence and you do not have probable cause, the chances are that you may lose your right to receive benefits from the trust, if there is a no-contest clause.

But in some situations, filing a trust contest is your only option to stand up for your rights and fight for your inheritance.

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Stewart R. Albertson
Stewart Albertson attended Loyola Law School in New Orleans, Louisiana, and then obtained a Masters in Laws and Letters in Taxation from Georgetown University. Stewart opened his own practice straight out of law school before joining a small Redlands law firm (Ziprick & Kramer, LLP).
Read Stewart’s Full Bio

Who Can Contest a Trust?

You have to have legal standing to pursue a trust contest and challenge terms of the trust.

A beneficiary who is disinherited or disadvantaged under the terms of the trust may contest a trust. A beneficiary has a right to be notified of the existence of a trust and to receive a copy of the trust. A beneficiary also has a right to get information about the beneficiary’s interests in the trust. The beneficiary has a right to enforce the terms of the trust and to hold the trustee accountable.

An heir-at-law to the creator of the trust (the settlor) who is disinherited or disadvantaged also may file a trust contest.

If you have standing, then you can petition the courts and seek the justice you deserve as a rightful heir or trust beneficiary.

FAQs

Once a trust becomes irrevocable or a new trustee steps in to administer a trust, the trustee must give notice to all the beneficiaries.

A trust contest must be initiated within 120 days after a beneficiary receives notice by the Trustee under California Probate Code Section 1606.7. The notice contains specific information that the law requires to be provided to trust beneficiaries.

As a beneficiary, you only have 120 days to file a lawsuit challenging the terms of the trust.

To be safe, it’ best to act promptly to contact a knowledgeable trust contest attorney and file a trust lawsuit to protect your rights.

The primary issues that arise in trust and estate litigation include:

Actions to Invalidate Trust and Will Documents:

Actions Against Trustees and Executors:

  • Compelling Trustees or Executors to Account
  • Proceeding to Surcharge Trustees or Executors
  • Removal of Trustees or Executors
  • Obtaining Trust or Will information
  • Prohibited Transferee Care Custodians

Modification or Termination of Trust Documents:

  • Modification of Trust by Consent of the Beneficiaries
  • Modification or Termination for Changed Circumstances
  • Disposition of Trust Property on Termination

Actions by California Trustees and Executors

  • Wrongful Death Actions

Types of Irrevocable Trusts in California

The statute of limitations to contest a trust is triggered by the Trustee giving you notice.

Once you are given notice by the trustee, then the 120-day statute of limitations commences filing a trust contest. That is a short amount of time and will pass quickly. The 120-day period may be extended up to 60 days if a beneficiary asks for a copy of the Trust document after getting the notice. It is generally best to act within the first 120 days to contest a trust.

If a beneficiary does not file a Trust contest within 120 days after being issued a statutory notice by the trustee, then he is prohibited from contesting the trust in the future. However, if the notice specified in Probate Code section 16061.7 is not given, then the statute of limitations on filing a Trust contest remains open.

It can be a complicated analysis to determine which statute of limitation applies in a trust or estate case. If you wait too long and miss the time limit, you may be barred from filing a trust contest. You should contact a qualified California trust contest lawyer right away to review your situation. Discuss with the lawyer about the appropriate steps to take.

Contact a Trust Contest Lawyer in California

California’s laws governing trusts are complicated. The knowledge and experience of the attorney representing you in a trust contest can make a difference in the outcome. Founding attorneys Stewart Albertson and Keith Davidson at Albertson & Davidson LLP are trial lawyers who focus on trust and estate litigation. Our law firm has offices in San Francisco, San Diego, Carlsbad, Redwood City, Irvine, and Los Angeles. Our firm’s guiding principles are embodied in the statement, “We stand, we fight, we win.” While we cannot guarantee a victory in every trust contest, our clients deserve our best efforts at a successful outcome.

We have dozens of trust contest cases that we are working at any given time. We take many trust contest cases on a contingency fee basis. That means that you can obtain experienced legal representation without having to pay any upfront costs. We are under a contingency fee arrangement. We receive a payment if we are successful in negotiating a settlement or obtaining a court award in a trust contest case. The payment is a portion of the amount awarded for our legal fee and expenses. Contact us at (877) 637-7234.

We are ready to fight for you.

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