Get a Knowledgeable Santa Clarita Probate Lawyer on Your Side
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
Santa Clarita probate litigation attorney from The Werner Law Firm can help you pursue your rightful share of your
loved one’s estate.
Tell us about your situation in further detail during a free initial consultation.
How is a Trust Contested in California?
In order 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 have an interest in the outcome of the court case, such
as a beneficiary or someone who would otherwise inherit a decedent’s
assets if the trust’s existing terms were to be deemed invalid.
These formal objections allege that the existing trust does not accurately
reflect the intent of the trustor.
Trusts can be contested for a number of reasons, including:
- The trustor lacked sufficient mental capacity
- The trustor was subject to undue influence at the time of the trust’s creation
- The trust does not satisfy state requirements
- The trust was signed without sufficient witnesses
It is important to note, however, that some trusts have a “no contest”
clause that states that any beneficiary who disputes the terms of the
trust 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 litigation 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.
Providing Trusted Probate Advocacy Since 1975
If you are looking to contest the terms of your loved one’s trust,
a knowledgeable attorney from our firm can examine the circumstances surrounding
the disputed trust’s creation and craft a custom-tailored strategy
to give you the edge in court. Our Santa Clarita probate lawyers 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.
Countless clients have trusted our firm for the following reasons:
- Named “Attorney of the Year” by the SCV Bar Association
- Five-time “Best Of” SCV award winner
Reader’s Choice Award for Best Attorney by
Los Angeles Daily News
Call us today at (888) 630-9902 to retain the advocacy you deserve.