Occasionally, an estate/trust litigation attorney must be brought in to mitigate problems between beneficiaries, family members or representatives. According to the law, only “interested persons” can challenge a trust. This may include children, heirs, devisees, spouses, creditors, or those with a property right or claim against the estate.
Reasons for Contesting a Will or a Trust
When you contest a will or a trust in the state of California, you must prove that you have grounds (a reason) for your contest. For example, reasons may include mental incompetency on the part of the decedent when they created the trust, undue pressure by an outside party for certain provisions in the trust, and/or the manner in which the estate/trust is being administered.
Time Allotted for Contesting a Trust
In the state of California, you must have a reason, or ground, allowed by state law. In the case of the standard revocable trust, it becomes irrevocable once the decedent has died. According to probate law, the trustee must then notify the beneficiaries of this change within 60 days. The beneficiaries have 120 days from the date of notification to contest the trust.
In California, if the trustee fails to notify beneficiaries within the 60-day period, the time allowable for trust litigation can be extended up to four years, depending on the circumstances.
Areas of Trust and Estate Litigation
Whether you need an estate litigation attorney, probate litigation attorney or trust ligation attorney, they will likely be able to advise you on many of the areas of expertise listed below:
- Trust and estate administration
- Guardianship petitions (adoption, name change, mental incapacity)
- Breach of fiduciary responsibility
- Creditor claims
- Elder abuse
- Incapacity to create a trust
- Charitable pledges
- Beneficiary disputes
- Mismanagement of trust
- Misuse of trust funds
- Ambiguous wills
- Improper accountings
- Pretermitted spouse/child issues
- Undue influence
To find out how your estate, trust or probate litigation needs can best be addressed, contact the Law Offices of Richard T. Miller today. He has many years of experience and expertise in the field of estate litigation. Whether you are contesting or defending a trust, estate or probate, Richard T. Miller can advocate for you and protect your interests.
Call Richard T Miller at (818) 994-8234 now for a consultation.