People use trusts to define their legacies and take care of their loved ones when they are no longer around to do so. But in some situations, malicious individuals will try to take advantage of vulnerable people and damage their legacy. Whether you are a beneficiary or heir, in these emotionally charged situations understanding your rights and the intricacies of trust litigation is paramount. To defend your inheritance and preserve your family’s legacy, you will start with a petition to invalidate a trust in California.
At Gokal Law Group, we have helped countless beneficiaries and heirs successfully invalidate trusts for years. Learn how to petition the courts in our blog!
How to Petition to Invalidate a Trust in California
In California, you may have standing to contest a trust if you are the beneficiary of a trust, a disinherited beneficiary of a trust, an heir at law, or another individual who would be directly affected by the trust’s terms and may have a legal interest in the trust or estate.
Before filing a petition to start the process, however, you must meet certain criteria. Essentially, you must prove both your legal standing and provide the legal grounds to contest it.
A number of valid grounds exist to file a petition to invalidate a trust in California. These legal grounds could include undue influence, which occurs when someone – often a person named in the trust – used their power to increase their inheritance, or to commit fraud. In other cases, a trust may be invalid if it was not created in compliance with California law.
However, even if you have legal grounds to invalidate a trust, filing late or contesting a trust without probable cause can result in penalties, including losing your inheritance, so hiring expert counsel as soon as you suspect your rights are at risk is vital.
“Imagine siblings are due to inherit from a sick parent upon their passing. To help care for the parent, one sibling moves in. If that sibling exploits their role as caregiver and their parent’s vulnerable state to either personally amend the trust or manipulate the parent into amending it to benefit themselves, this may constitute undue influence. An experienced attorney can help gather evidence—such as expert testimony from the parent’s doctor or financial advisor—to show the changes do not reflect the parent’s true intentions”
– Harry Wallace, Trust Contest Lawyer, Gokal Law Group
After determining if you have legal standing and the grounds to file a petition, you should work with an attorney to gather evidence and complete and submit the necessary paperwork.
When filing the petition, keep in mind that you must submit your petition to the local court that is overseeing its administration.
Related Article: California Trust Litigation: How to Contest a Trust
What Are Legal Reasons You Can Petition to Invalidate a Trust in California?
What invalidates a trust? Several situations serve as grounds for invalidating a trust, and it is essential to understand which applies to your situation. These reasons can include:
- Incompetence
- Undue influence
- Incapacity of the trust creator
- Fraud and forgery
- Violating provisions
- A trust that was not typed and signed by the proper parties as outlined by law
- The existence of multiple wills or trusts
Related Article: What Are the Grounds for Contesting a Will in California?
How Long Do I Have to Contest a Trust in California?
Under Probate Section 16061.7, you must initiate a trust contest lawsuit within 120 days after receiving notice from the Trustee, or 60 days from the date you receive a copy of the trust during that 120-day period, whichever is later.
Initiating this contest requires working with a lawyer and filing a petition to invalidate a trust in California. If you fail to contest the trust within this 120-day window, then probate law prohibits you from ever contesting it.
This means time is of the essence, so working with an attorney to start the process in a timely manner is crucial.
Related Article: What is the Statute of Limitations of an Orange County Trust Litigation?
When Can I Contest a Trust in California?
When the person who created the trust is still alive, the trust may be “revocable,” which means they can change it at any time.
However, once they pass away, the trust immediately becomes irrevocable, and no changes can be made to it. Once this happens, you will need evidence to invalidate it.
As the successor trustee enters the picture and administers the estate, it can be helpful to monitor their activity and stay vigilant for breaches of fiduciary duties. These breaches can also serve as a legal basis for trust litigation.
Related Article: What Are the Chances of Successfully Contesting a Trust in California?
Do You Need Representation to Fight For You and Your Inheritance? Schedule a Consultation to File a Petition to Invalidate a Trust in California Before You Miss the Deadline!
If contesting a trust is your only recourse to receive your inheritance, protect the integrity of the trust, and fulfill the final wishes of the trust creator, time is of the essence. You deserve premier representation in and out of court every step of the way, from filing the petition to invalidate a trust in California to when you can breathe a sigh of relief and put this emotionally taxing process behind you.
Has a trust been created under dubious circumstances? Visit our Contact Page to schedule a consultation and work with premier attorneys to invalidate it and protect your inheritance!
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