Los Angeles Trust Contest Attorney
Solutions-Oriented Legal Services That Get Results
A trust is a reliable legal tool used to avoid probate and ensure that your loved ones have financial stability in the future. Trusts may also be able to establish a guarantee of income to all named beneficiaries for long periods well after the trustor has passed on.
In some cases, however, issues may arise which cause family members or other interested parties to question the validity of a trust, or how that trust is being interpreted. In such cases, one may seek legal assistance in contesting the trust to address these issues.
At Alden Law Firm in Los Angeles we can help you understand your rights, and options for contesting a trust in Los Angeles.
What is a Trust?
A trust is a legal document that allows trustees to hold legal title to assets on behalf of the trustor or other beneficiaries. Trusts are often used to help ensure loved ones are provided for in the future. Unlike a will, a trust can go into effect before its creator passes on, either at the date of its inception or a pre-determined date decided on by the trustor. A trust can also allow one to pass on assets to loved ones without the need for probate.
Contesting a Trust in Los Angeles
California law dictates that survivors or trustees may contest a trust if certain criteria is met. To begin the process of contesting a trust in Los Angeles, a petition to start the court process must first be filed.
Potential grounds for contesting a trust:
- There was fraud involved in creating the trust
- If the trustor was under duress or menace when creating the will
- If the will, or some part thereof, was created based on a mistake of the testator
- The trustor lacked the mental capacity to create the trust at the time of its creation
- The will was not properly created, such as a type written will not being signed by two witnesses
- Ambiguous wording leading to an uncertain interpretation of the trust provisions
- Trustor was subject to menace or duress when the trust was crated
- The trust was not properly created in conformity with California law
Even a trust with a “no contest” clause can be circumnavigated so as to allow a beneficiary to challenge a trust without losing their inheritance. It is important to have your case analyzed to ensure you can keep any inheritance you are entitled to in the event you decide to contest a trust.
Deadline to Contest a Trust
In cases where a trustee has issued a properly executed notice under Probate Code section 16061.7, you may have as little as 120 days from the date of the notice to contest a trust. Regardless, if you believe a trust needs to be contested you need to act swiftly otherwise assets can go missing and significant harm can occur to your interests.
Selecting the Right Attorney to Act on Your Behalf
In order to prosecute a successful trust contest in Los Angeles, your trust litigation lawyer should have a meticulous understanding of probate law to equip you with an iron-clad case. A trust contest can be an emotionally trying time and knowing you have an experienced attorney helping you through the process makes a world of difference.
At Alden Law Firm of Los Angeles you can get the help of an experienced attorney with extensive understanding of the law to help parties litigating in Los Angeles County successfully contest a trust.
Contact Alden Law Firm of Los Angeles today to set up a free consultation with a litigation attorney you can trust in order to get the ball rolling on your trust contest petition in a California court of law today!