A trust is a legal instrument that can impact a family for generations. When this document is rendered invalid or improperly created, acting quickly is critical to protect your inheritance and ensure the trust is administered lawfully. At Gokal Law Group, we have helped beneficiaries navigate the probate process to defend their inheritance for decades. Our attorneys guide clients through every step with experience, strategy, and care.
How to Invalidate a Trust in California – Do You Have Grounds?
To invalidate a trust, you must determine if you have grounds to do so, and if you do, you must file a petition and prepare for court with a California trust litigation lawyer.
“The process for invalidating a trust can be complicated, and there are deadlines you cannot afford to miss. Only an experienced California trust litigation attorney can assess your case and guide you toward the best legal recourse.”– Ron Larson, an Orange County trust litigation attorney with decades of litigation experience
Determining Whether You Have Grounds to Invalidate a Trust
Before taking action, you must first determine whether there are valid legal grounds to challenge a trust. This involves examining both (1) the circumstances surrounding the creation or amendment of the trust, and (2) your relationship to it.
Common grounds for invalidating a trust in California include:
- Failure to follow legal formalities when creating or amending the trust
- Someone using forgery or fraud to create or modify the trust
- Someone not being mentally competent when creating or modifying the trust
- Someone creating or modifying a trust under undue influence, duress, or coercion
- A conflict of interest involving the person who drafted or advised on the trust
Once you determine that such circumstances exist, you must confirm that you have standing to bring a challenge. Under California law, generally only a trustee, or a current, former, or potential beneficiary has the right to petition the court to invalidate a trust instrument.
Filing a Petition to Invalidate a Trust
Once you’ve confirmed you have grounds and standing, the next step is to file a petition in probate court.
This petition must outline your reasons for believing the trust is invalid and include supporting evidence such as documents, witness statements, and expert testimony. A trust litigation attorney can help ensure your petition complies with procedural requirements and is filed in the correct county — typically where the trustee resides.
Consult with a seasoned trust contest lawyer in California to promptly review your situation, recommend how to proceed, and subpoena relevant documents. Working with a professional is essential to navigating these complicated proceedings.
When the trustee serves a Notice of Irrevocability under California Probate Code section 16061.7, it starts the clock on a strict deadline for filing a contest. Beneficiaries usually have 120 days from receiving the notice to challenge the trust, though this window may extend if you request a copy of the trust document.
Failing to act within that timeframe could forfeit your right to contest the trust. Acting promptly and working with an experienced attorney ensures you meet all necessary deadlines and preserve your legal options.
What Happens After Filing Your Petition
After your petition is filed, your attorney will begin the investigation and discovery phase. Both sides gather and exchange evidence to build their cases.
Many trust disputes resolve during mediation, where both parties work toward settlement. In fact, the Court may decide to issue a Breslin order, ordering the parties to complete mediation.
If mediation does not succeed, the case proceeds to trial, where a probate judge (not a jury) will make a final decision.
If the judge determines the trust is invalid, its terms will not control how the assets are distributed. Instead:
- If an earlier valid trust exists, that trust will govern.
- If no prior trust exists, the assets will be distributed according to the decedent’s will.
- If there is no will, California intestacy laws will determine how assets are divided among heirs.
Premier Trust Litigation Lawyers in Orange County
If you suspect a trust instrument is invalid or was created under improper circumstances, understanding how to contest it in California is essential to preserving your inheritance rights as a beneficiary.
At Gokal Law Group, our experienced trust litigation attorneys help clients challenge invalid trusts, meet critical deadlines, and ensure assets are distributed according to California law.
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