Finding yourself involved in California trust litigation can feel overwhelming. Fortunately, with the right guidance and representation, you can protect your inheritance and move through the process with clarity and confidence.
What Can You Expect from California Trust Litigation?
If trust litigation is on the horizon, understanding the process ahead can help you prepare and make informed decisions. From the common causes of litigation to the key stages and considerations, here’s what you should know.
What Are Common Causes for California Trust Litigation?
Most trust disputes arise for one of two reasons: a beneficiary is dissatisfied with the trust’s terms, or the trustee has violated a fiduciary duty.
While every case is unique, the following are the most common reasons for trust disputes in California:
- The grantor wrote or revised the trust under undue influence or coercion
- The grantor lacked the mental capacity when creating the trust
- The person who helped establish the trust benefited from it
- The trustee is using the trust to benefit themselves, their family, or their friends
- Trust fraud transpired during the creation of the trust or trust administration
- Someone forged or altered the trust document
- The trustee is misappropriating or wasting trust funds
- The trustee is self-dealing
- Multiple trusts exist with conflicting terms
- The trustee has failed to make distributions required by the trust document
- The trustee refuses to provide a copy of the trust document
- The trustee fails to prepare and provide trust accounting
“Keep in mind that only those with legal standing can contest a trust. Usually, this refers exclusively to beneficiaries and co-trustees. Still, beneficiaries can’t simply contest a trust to delay distribution. Beneficiaries must have a valid reason to dispute it, and identifying those reasons requires the help of an experienced attorney.” – Andrew Micareset, a trust contest lawyer in California at Gokal Law Group with diverse litigation experience in resolving complex problems with a comprehensive and efficient approach.
What Are the Stages of California Trust Litigation?
Trust litigation in California typically involves several key stages. After consulting with an experienced California trust litigation attorney, presenting your case, reviewing the trust terms, and filing a contest, you can expect a process that may include:
- Investigation & Research: Gathering evidence, determining the strength of your case, and identifying witnesses.
- Pleading: Filing a petition with the probate court, serving a Notice of Hearing, awaiting the trustee’s response or objection.
- Discovery: Exchanging written discovery requests and taking depositions to gather admissible evidence.
- Mediation: Many California courts encourage or require mediation to explore settlement options before trial. In fact, California courts may order the parties to a Breslin mediation.
- Expert Witness Depositions: Obtaining testimony from experts to support your position.
- Trial Preparation: Developing examinations, preparing exhibits, and drafting motions regarding admissibility of evidence.
- Trial: Presenting your case in a bench trial (before a judge rather than a jury).
- Appeal: If the court made a legal error, you may have grounds to appeal the decision to the California Court of Appeal.
Key Components of California Trust Litigation
As you prepare for litigation, several important considerations can shape the outcome of your case.
- Deadlines and Time Limits
After a trustee sends a Notice of Irrevocability to beneficiaries, there is typically a 120-day window to contest the trust., per Probate Code section 16061.7. Failing to act within that period can bar your claim, so timely consultation with counsel is critical.
- Strategic Planning with Your Attorney
Work closely with your attorney to develop a strategy. Identify the core issue driving your case—whether undue influence, self-dealing, or lack of capacity—and gather all supporting documents and evidence.
- Determining the Desired Relief
Consider what type of relief you want from the court should you prevail. This could include equitable relief (such as suspending, removing, or instructing a trustee) or monetary relief (such as a surcharge for losses to the trust).
An experienced California trust litigation attorney can help you evaluate your options and pursue the outcome that best fits your circumstances.
Premier Trust Litigation Lawyers Orange County
If California trust litigation is imminent, acting promptly is essential. Preparation and experienced representation can make a significant difference in protecting your interests and ensuring your voice is heard.
At Gokal Law Group, our attorneys provide the guidance and advocacy needed to navigate this process with confidence and professionalism, helping bring beneficiaries and heirs peace of mind.
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