Trust Contest

Can I Contest A Trust In Irvine, CA?

In Irvine, CA and greater Riverside County, CA, you can contest a trust under specific circumstances. Some of the most common reasons people decide to contest a trust include…

• The decedent was manipulated into setting up the trust against their own interests by someone taking advantage of them (i.e., exerting “undue influence”).
• The trust was created when the trustor was incapacitated.
• The trust does not follow the appropriate necessary provisions, such as being signed and witnessed by two uninterested parties.
• There is a dispute when it comes to interpreting the ambiguous language of the trust, leading to a disagreement between the trustee and the beneficiaries about how to interpret and execute it.
• The trust is not serving its intended purpose due to circumstances that may not have been anticipated by the decedent. For example, let’s say a trust was set up to distribute assets to beneficiaries, but it costs more to administer than the money contained in the trust, meaning the trustee is receiving the assets in the trust rather than the beneficiaries, voiding its actual purpose.

What Are The Legal Grounds For Contesting A Trust In Irvine, CA?

If you want to successfully contest a trust, you need to prove at least one of three main claims.

• Incapacity: Valid trusts in Irvine, CA must be created by a trustor who is 18 or over and is fully and completely cognizant of all elements of trust creation (i.e., what a trust is the extent of their wealth; which beneficiaries are named, etc.). If you can prove that the decedent did not have the capacity to create their trust, then it can be successfully contested.
• Undue Influence: Often, people who are elderly, terminally or chronically ill, or otherwise vulnerable become close to an individual who acts as a caretaker for them in some capacity. In some cases, that individual manipulates them into setting some or all assets aside in their trust for the caretaker’s benefit. This becomes undue influence when the manipulating party compels the vulnerable party to make changes in their trust that:
• • Are not in the trustor’s best interest
  • Are not changes the trustor would not have made if they were not being unduly compelled by the manipulating party
  • Are generally in the best interest of the manipulating party or benefit the manipulating party in some way.

• Provisional Issues: In Irvine, California, all trusts must be witnessed and signed by two un-interested parties (i.e., people not mentioned in the trust). If you can prove that these provisions are not met, then you may be able to terminate the trust.

How Do Start The Process Of Contesting A Trust In Irvine, CA? Is There A Time Limit To Contest A Trust?

The process of contesting a trust begins by filing a Petition/Complaint with the local Probate Court (which, in Irvine, CA, is the Riverside County Probate Court). In the Petition, you will state your grounds for contesting the trust, as well as your supporting facts and a list of available evidence. You will then make the case before the Court, which will decide whether or not to honor your request for contest.

There is a statute of limitations on contesting a trust in California. From the time the trustee posts notice of the trust, contesters have 120 days to file their Petition/Complaint with Probate Court.

Do I Need An Attorney To Contest A Trust In Irvine, CA?

Technically, you can contest a trust on your own. However, like representing yourself in a criminal case, it is highly inadvisable to do so if you want a favorable outcome. A probate attorney can help you put together the best possible case to contest a problematic trust. If it’s worth it to contest a trust, it’s worth doing right.

In Irvine, CA, the lawyer to call is trust contest attorney Taylor Preston. Attorney Preston and his colleagues at the Preston Law Firm have the skill, knowledge, tenacity, and experience to pursue your trust contest case as effectively as possible. They know how to get the results you deserve. Call for a free consultation on your case today!