TRUST & WILL CONTEST
Defend your rights and inheritance by challenging invalid trusts and wills.
TRUST & WILL CONTEST
Defend your rights and inheritance by challenging invalid trusts and wills.
Contesting Invalid Trusts & Wills
When something doesn’t seem right about a trust or will, you may have grounds to challenge it in court. Trust and will contests arise for several important reasons:
Common Grounds for Challenging a Trust or Will:
- Undue influence – Someone pressured or manipulated the person creating the document, often when they were elderly or vulnerable
- Lack of capacity – The person didn’t have the mental ability to understand what they were signing
- Fraud or forgery – The document or signatures aren’t genuine
- Improper execution – The trust or will wasn’t created according to California’s legal requirements
- Revocation – The document was canceled or replaced by a later version
If a court finds that undue influence or fraud occurred, there can be serious consequences for those responsible, including suspension and removal as trustee, disinheritance, and/or potential financial penalties.
When to Act
If you suspect a trust or will may be invalid, time is critical. California law imposes strict deadlines for filing contests. Contact Gokal Law Group immediately for a case evaluation to understand your rights and options.
How We Advocate for Clients Challenging Invalid Trusts and Wills
When a trust or will doesn’t reflect what your loved one truly intended, Gokal Law Group fights to protect your rightful inheritance. Our approach combines strategic planning with aggressive advocacy to achieve the best possible outcome.
Our Four-Step Process:
Strategy
We start by thoroughly assessing the circumstances surrounding the trust or will, including any challenged amendments or codicils. Our team evaluates potential issues, including undue influence, lack of mental capacity, fraud, or procedural errors, and builds a comprehensive legal strategy tailored to your specific situation.
Discovery
We conduct a detailed investigation to gather the evidence needed to prove your case. This includes obtaining medical records, financial documents, and witness statements that may reveal red flags like coercion, manipulation, or forgery.
Mediation & Settlement
Many trust and will contests resolve through informal negotiation between counsels, or private mediation before a skilled attorney or retired judge. In fact, California probate courts often order the dispute to a “Breslin mediation”, mandating all interested parties to attend. We ensure your voice is heard throughout settlement discussions and work to achieve the best possible resolution to protect your rights and honor the decedent’s testamentary wishes.
Trial
If settlement isn’t possible or doesn’t best serve your interests, our team is ready to litigate. We are experienced and dedicated trial advocates who will carefully build a persuasive case that demonstrates why the trust or will in question should be invalidated, fighting for your rightful inheritance in court. Our team is proud to have obtained favorable verdicts for our clients over the years. We are ready for the opportunity to advocate your interests in court.Get Expert Resolution with Will & Trust Disputes
Reasons to Contest a Will or Trust:
- The will or trust was not properly executed in compliance with legal requirements
- The person creating the will or trust may not be mentally capable
- The possibility of elder abuse, duress, or fraud exists
- The will or trust was forged
- There was a mistake in the terms will or trust
- The will was revoked
The most common situations which lead to trust and will contests relate to elder financial abuse, undue influence, fraud, and duress, with the elderly population being a common target of will forgery and estate fraud. The attorneys at Gokal Law Group take pride in prosecuting these claims, with years of experience in delivering proper justice.
What Our Clients Are Saying
Expert Resolution of Estate Business Conflicts
Another type of estate related business disputes involves creditor claims or disputes over money owed by the decedent resulting from the decedent’s business transactions.
This can be tricky because the decedent is no longer able to tell his or her side of the story. This requires conducting a forensic analysis of past business records to understand the truth of the matter.
Navigating Diverse Business Litigation & Disputes
Other types of business disputes that Gokal Law Group handles include:
- Business Torts - financial loss because of another business’ misconduct
- Employment Disputes
- Contract Disputes
- Disputes related to a Purchasing Assets
- Partnership Disputes
- Real Estate Disputes
If you’re struggling with a business dispute due to the death of a decedent, don’t hesitate to call our offices for an immediate consultation.
Frequently Asked Questions
What is trust litigation for nonprofits?
Nonprofit trust litigation refers to situations in which a nonprofit organization has been made the beneficiary of an estate and is due to receive a bequeathment or endowment; however, there are other parties who dispute the trust and spur legal proceedings. In some cases, these disputes are solved in mediation between the beneficiaries, but sometimes they go before a court.
What is our risk if we don’t hire lawyers?
If you don’t work with a lawyer who specializes in nonprofit trust litigation, you may risk losing some or all of the bequeathment that’s been left for you. Furthermore, trust administration may be a complicated process, especially when estate disputes erupt, and without experienced legal representatives you may be at a serious disadvantage in court proceedings.
How can we justify the expense of litigation? We’re not a billion-dollar nonprofit.
Gokal Law Group offers a free consultation with one of our attorneys to determine if nonprofit trust litigation makes sense for you. After reviewing your case and discussing your financial circumstances, we will advise you on next steps to achieve the best possible outcome for your situation.
At what point should we get a legal team involved in the process?
You should hire legal counsel as soon as you’ve been informed that your non-profit will be a beneficiary of a trust or will. nonprofit trust attorneys will make sure that your organization is represented in all crucial proceedings and that the estate is being fairly administered.
Learn More About Trust & Will Contests
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