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When the creator of a living trust passes away, the decedent’s property held in trust passes to the trustor’s established beneficiaries. Sometimes, disputes can arise between these beneficiaries and other interested parties who believe they are the rightful heirs to a person’s assets. When this happens, a person can pursue litigation in probate court and contest the terms of a trust. If you are involved in a trust dispute, a dedicated trust litigation attorney from Werner Law Firm can help you pursue your rightful share of your loved one’s estate. Tell us about your unique case and situation in further detail during your free initial consultation. We are here for you, ready to help.
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CONTESTING A TRUST IN CALIFORNIA
To contest a trust, a beneficiary or interested party must file a contest petition in probate court and request that the improper trust be ignored. The person filing this lawsuit must be interested in the court case's outcome, such as a beneficiary or someone who would otherwise inherit a decedent’s assets if the trust’s existing terms were deemed invalid. These formal objections allege that the existing trust does not accurately reflect the intent of the trustor. Trusts can be contested for several reasons, including:
- Trustor lacked sufficient mental capacity.
- Trustor was subject to undue influence at the time of the trust’s creation.
- Trust does not satisfy state requirements.
- Trust was signed without sufficient witnesses.
However, it is important to note that some trusts have a “no contest” clause that states that any beneficiary who disputes the trust's terms will automatically be disinherited. With that being said, this clause will only revoke a person’s inheritance if the courts uphold the terms of the trust. If the trust litigation attorney successfully results in the termination of the existing trust, the clause will become meaningless. Courts will only examine the legality of a person’s trust rather than its fairness, as a person has a right to distribute their assets as they please.
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If you are looking to contest the terms of your loved one’s trust, a knowledgeable trust litigation attorney from Werner Law Firm can examine the circumstances surrounding the disputed trust’s creation, and craft a custom-tailored strategy to give you the edge in court. At Werner Law Firm, our dedicated probate and trust litigation attorney teams understand the emotional costs of losing a loved one, and we are prepared to do whatever is necessary to help you get through this difficult time.