When contesting a trust in California, there’s more than financial capital at stake; there’s emotional capital on the line, too. Because of this, you must understand the likelihood of winning a trust contest to ensure that you emerge from court with a return on the emotional and financial investment litigation demands.
At Gokal Law Group, we have decades of experience helping clients determine their chances of successfully disputing trusts. Your success rests on the shoulders of your trust litigation attorney, so you should settle for nothing but the best. Learn how to determine your chances of a successful contest by reading on.
How Hard is Contesting a Trust in California?
Before pursuing litigation, it is essential first to determine if you are in a position to succeed because trust litigation can be a long, expensive, and emotionally taxing process. Ultimately, the only person who can evaluate your case and determine if the odds are stacked in your favor is a premier trust litigation lawyer. Here’s how to determine your chances of success.
When to Contest a Trust
Several situations can be grounds for contesting a trust in California, but if you don’t have a solid foundation to build a case, your chances of success will be low.
With so many different situations in which you can successfully contest a trust, this is not always an easy determination to make. Making this decision requires an extensive understanding of precedents and the Probate Code.
“Truth drives every trust litigation. Did the the trust creator lack the capacity to create or amend the trust? Did someone manipulate or coerce them? Or maybe the trustee mismanaged assets, committed fraud, stole from the trust, or failed to act in the best interest of the beneficiaries. All of these circumstances, and more, are grounds for litigation. You need experienced counsel to help you navigate to find the truth,” explained Alison Gokal, managing partner at Gokal Law Group with almost two decades of complex litigation experience fighting for clients.
Your relationship to the trust and trust terms will also be significant factors. Even something like ambiguity in the trust language may be sufficient grounds to contest it.
Admissible Evidence
Another crucial factor that determines how successful you will be when contesting a trust in California is the evidence.
You must prove your case in a court of law, which requires compiling convincing and legally admissible evidence. Determining if your evidence satisfies the California Evidence Code requires the expertise of a seasoned trust litigation attorney.
“This is harder than it sounds. We often deal with claims of undue influence. These situations happen more often than one would think. It takes time and skill to collect key circumstantial evidence, medical testimony, and communications to prove up the claims and successfully protect beneficiaries,” Alison added.
Chances of Successfully Contesting a Trust in California
Generally, there is less than a 33% success rate when people decide to contest a trust in California. When faced with this statistic, it’s easy to feel like the odds are stacked against you – but this doesn’t tell the whole story.
You can determine your chances of successfully contesting a trust in California by assessing the nuances of your situation and the evidence available to position yourself for success. Just as importantly, successful litigation hinges on experience and preparation.
When a statistic says that less than one-third of contests succeed at trial, this signals they did not work with a transparent trust litigation lawyer who went to bat for them and guided them through the process. Fortunately, with us, this is never a concern.
Premier Representation in Contesting a Trust in California
If you are considering pursuing a trust contest, honestly evaluate your situation. Do you have solid legal standing for a contest, and do you have enough evidence that would be admissible in a court of law? If so, then with the help of a premier trust litigation attorney, you have a good chance at successfully contesting a trust in California.
Fortunately, at Gokal Law Group, our firm boasts expertise and experience in successfully bringing the truth to light. To ensure the odds are stacked in your favor, call us at (949) 753-9100 or contact us to request a case evaluation.