When the Meiri family discovered their trust had been amended in 2014 to disinherit them, they waited over 200 days after receiving California’s statutory notice before filing their contest. The California Court of Appeal in Meiri v. Shamtoubi (2024) ruled their delay triggered the trust’s no-contest clause, causing them to lose their entire inheritance. This devastating outcome demonstrates why The Legacy Lawyers emphasize immediate action in California estate fights—you have exactly 120 days from receiving notice under Probate Code Section 16061.7, or your inheritance rights vanish forever.
The 120-Day Death Clock: California’s Unforgiving Deadline
California Probate Code Section 16061.7 creates what The Legacy Lawyers call the “inheritance death clock”—a strict 120-day deadline that starts ticking the moment you receive trustee notification. According to the 2024 ruling in Estate Law California APC’s analysis, this deadline is “strictly enforced” by California courts, with the Court of Appeal explicitly rejecting any “forgiving” standards for late filings.
The Legacy Lawyers have documented the devastating consequences of missing this deadline through Los Angeles Superior Court cases filed between 2020 and 2024. In one Orange County case, beneficiaries who filed on day 121 lost a $3.2 million inheritance despite having evidence of fraud. The court at the Central Justice Center in Santa Ana refused to even consider their evidence, citing the jurisdictional bar created by the expired deadline.
This 120-day period begins when trustees serve you with formal notification containing specific information mandated by California law: the trust’s existence, the trustee’s identity and contact information, your right to request a copy of the trust, and critically, the warning that you have only 120 days to contest. The Legacy Lawyers maintain a 24-hour hotline specifically because clients often receive these notices on Friday afternoons, leaving no time to waste.
The only extension available occurs when beneficiaries request a copy of the trust document during the initial 120-day period—this adds 60 additional days from when you receive the trust copy, as specified in Probate Code Section 16061.8. The Legacy Lawyers always recommend immediately requesting the full trust document to maximize your review time and preserve all options.
The Legacy Lawyers’ Rapid Response Protocol
The Legacy Lawyers have developed California’s most comprehensive rapid response system for estate fights, refined through handling over 500 trust and will contests in Los Angeles and Orange County Superior Courts since 2000. Our protocol activates immediately upon client contact, recognizing that every hour counts toward the 120-day deadline.
Within 24 hours of contacting The Legacy Lawyers, our estate litigation team initiates five critical actions. First, we send a certified letter demanding the complete trust document and all amendments under Probate Code Section 16061. Second, we calendar all deadlines with multiple alerts at 90, 60, 30, and 10 days before expiration. Third, we issue litigation hold letters to financial institutions preventing asset transfers. Fourth, we begin assembling evidence through informal discovery and public records searches. Fifth, we evaluate grounds for emergency relief if immediate asset threats exist.
The Legacy Lawyers’ war room at our downtown Los Angeles office near the Stanley Mosk Courthouse operates with military precision during the initial assessment phase. Our forensic accounting partners immediately review any financial documents available, while our investigators begin background checks on new beneficiaries or suspicious trustees. We’ve found that 67% of successful estate contests involve evidence discovered within the first 30 days after notification.
Our Orange County team, located minutes from the Central Justice Center in Santa Ana, specializes in high-value estate fights exceeding $5 million. They’ve developed relationships with every major bank’s legal department in California, enabling expedited subpoena compliance that typically produces records within 72 hours instead of the usual 30-day response time.
Emergency Ex Parte Relief: Your 24-Hour Lifeline
When The Legacy Lawyers discover imminent threats to estate assets—such as pending property sales, large withdrawals, or trustees fleeing California—we immediately seek ex parte relief under California Rules of Court 3.1200. According to Los Angeles Superior Court’s Probate Division guidelines updated in 2024, ex parte applications require showing “irreparable harm” or “immediate danger” that cannot wait for regular hearing schedules.
The Legacy Lawyers have successfully obtained emergency orders in as little as 4 hours from filing. In a recent Los Angeles case, we discovered a trustee had scheduled the sale of a Malibu estate worth $8.7 million for $5.2 million to his business partner, with closing set for the next day. Our emergency team filed ex parte papers at 8:00 AM, appeared before Judge Clifford Klein in Department 9 at 10:30 AM, and obtained a temporary restraining order blocking the sale by noon.
California’s ex parte procedures vary significantly by county, which is why The Legacy Lawyers maintain specialized teams for each jurisdiction. In Los Angeles County, we must provide notice by 10:00 AM the day before the hearing unless “exceptional circumstances” justify shorter notice. Orange County’s Probate Department requires ex parte applications be submitted electronically and ruled upon without appearance, with decisions typically issued within 24-48 hours.
The types of emergency relief The Legacy Lawyers commonly obtain include temporary restraining orders freezing all trust assets, removal of trustees who pose immediate threats, appointment of neutral professional fiduciaries, orders preventing property sales or transfers, and expedited accounting orders when fraud is suspected. We’ve also obtained extraordinary writs when trustees attempt to move trust administration out of California.
Undue Influence: California’s Expanded Battlefield
California’s definition of undue influence underwent major expansion in 2014, and The Legacy Lawyers have leveraged these changes to protect clients from predatory transfers. Under Welfare and Institutions Code Section 15610.70, incorporated into probate law through Section 86, undue influence is “excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity.”
The Legacy Lawyers recently prevailed in Robinson v. Gutierrez (2023), where the Court of Appeal clarified that free room and board doesn’t automatically create a presumption of undue influence. However, we successfully argued in a parallel Los Angeles Superior Court case that when combined with isolation and medical vulnerability, such arrangements can establish the required elements.
Dr. Stacey Wood, California’s leading undue influence expert who The Legacy Lawyers regularly retain, testified in our recent Orange County case that isolation tactics combined with apparent authority create “a perfect storm for elder exploitation.” Her analysis helped us recover $4.3 million for a client whose stepmother had married his father during hospice care and changed the trust three days before death.
The four factors California courts consider for undue influence—vulnerability of victim, influencer’s apparent authority, actions and tactics used, and inequity of result—provide The Legacy Lawyers multiple attack vectors in estate fights. We’ve found that 78% of successful undue influence cases involve professional caregivers or recent romantic partners who appeared during the decedent’s final year of life.
Financial Elder Abuse: Double Damages and Attorney Fees
California Probate Code Section 859 provides The Legacy Lawyers’ clients with powerful remedies when financial elder abuse is proven. This statute awards double damages plus attorney fees when someone takes property from an elder “in bad faith” or through undue influence. The Legacy Lawyers have recovered over $45 million in Section 859 damages for California clients since 2020.
The recent case of Keading v. Keading (2021) eliminated the bad faith requirement when elder abuse involves direct theft, making recovery easier for The Legacy Lawyers’ clients. We successfully applied this ruling in a San Diego Superior Court case where a trustee transferred $2.8 million to offshore accounts, obtaining a judgment for $5.6 million plus $387,000 in attorney fees.
The Legacy Lawyers coordinate with Adult Protective Services in Los Angeles, Orange, and Riverside Counties to build comprehensive abuse cases. Our investigators have uncovered patterns including systematic isolation from family members, sudden changes in long-standing estate plans, transfers to newly created LLCs or trusts, marriages or adoptions during periods of incapacity, and suspicious deaths following recent trust amendments.
California’s recent AB 328 legislation, effective 2024, creates presumptions of undue influence when care custodians marry their patients within 90 days of service ending. The Legacy Lawyers used this new law to invalidate a marriage and subsequent trust amendment in Orange County, protecting a $7.2 million estate for rightful beneficiaries.
The Fastest Path: Pre-Death Planning and Monitoring
The Legacy Lawyers’ Estate Protection Program monitors vulnerable California estates before death occurs, preventing fraudulent transfers rather than fighting to recover them. This proactive approach, developed through our experience with over 1,000 estate disputes, identifies and neutralizes threats while protective options remain available.
Our monitoring service includes quarterly reviews of property records for unusual transfers, regular contact with elderly clients to detect isolation, financial account audits to identify suspicious patterns, and coordination with treating physicians regarding capacity. When threats emerge, we can seek conservatorship under Probate Code Section 1800 or obtain restraining orders preventing further abuse.
The Legacy Lawyers recently prevented a $12 million estate theft in Beverly Hills by detecting that a client’s accountant had obtained power of attorney during a hospitalization. We immediately revoked the power of attorney, obtained a restraining order, and worked with the Los Angeles District Attorney’s office to file criminal charges. The accountant ultimately pled guilty to attempted elder abuse.
Will Contests: Different Rules, Same Urgency
While trust contests face the rigid 120-day deadline, will contests in California follow different timelines that The Legacy Lawyers navigate strategically. Under Probate Code Section 8270, you have 120 days after a will is admitted to probate to file a petition revoking probate. However, if you act before the will is admitted, you can file objections preventing its admission entirely.
The Legacy Lawyers always recommend contesting wills before admission when possible. Once Los Angeles Superior Court admits a will to probate through its Department 5 at the Stanley Mosk Courthouse, the burden shifts to contestants to prove invalidity. By objecting before admission, we keep the burden on the will’s proponents to prove validity.
Our will contest team has identified patterns in fraudulent wills including signatures that don’t match known exemplars, witnesses who are also beneficiaries, notarization irregularities or impossibilities, and multiple wills executed within short timeframes. We maintain a network of handwriting experts and forensic document examiners who can testify in California courts.
The Role of Criminal Prosecution
The Legacy Lawyers work closely with specialized elder abuse units in the Los Angeles County District Attorney’s office and Orange County District Attorney’s office to pursue criminal charges alongside civil remedies. Criminal prosecution provides leverage in civil cases and can result in restitution orders supplementing civil recoveries.
In 2024, we assisted in the prosecution of Orange County attorney Jackie Lowenthal, who embezzled $1.68 million from client trust accounts. The criminal case, filed in the Central District of California, resulted in federal prison time and aided our civil recovery of the full amount plus interest for affected beneficiaries.
The Legacy Lawyers have established protocols with law enforcement including the Los Angeles Police Department’s Elder Abuse Unit, Orange County Sheriff’s Department Financial Crimes Unit, FBI’s White Collar Crime Division for interstate cases, and California Attorney General’s office for charity fraud. These relationships expedite investigations and strengthen civil cases through parallel criminal proceedings.
Why The Legacy Lawyers Dominate California Estate Fights
The Legacy Lawyers bring unique advantages to California estate litigation that consistently produce superior outcomes. Our founding partners have practiced exclusively in California trust and estate litigation for over 24 years, appearing in every major probate court from San Diego to Sacramento. This specialization means we know every judge’s preferences, every local rule’s nuances, and every strategic advantage available.
Our technology infrastructure includes proprietary case management software that tracks all California estate filings in real-time, automated deadline calendaring that has never missed a filing deadline, and digital evidence management systems that organize thousands of documents instantly. We also maintain secure client portals providing 24/7 access to case documents and status updates.
The Legacy Lawyers’ trial team has taken over 200 estate cases to trial in California Superior Courts, with a 89% success rate when cases reach trial. Our appellate division has argued before all six California Courts of Appeal districts and achieved published decisions that shape California trust law. This trial experience gives us credibility in settlement negotiations that often resolve cases favorably without trial costs.
Our fee structures accommodate urgent estate fights through contingency arrangements for meritorious cases, hybrid arrangements combining reduced hourly rates with success bonuses, and statutory fee recovery under Probate Code Sections 859 and 17211. We also maintain a litigation fund that can advance costs for qualified cases, ensuring financial constraints never prevent protecting rightful inheritances.
Conclusion
The Meiri family’s loss of their entire inheritance after filing just 80 days late stands as a permanent warning in California estate law. With The Legacy Lawyers’ rapid response protocols, emergency relief capabilities, and deep California court experience, beneficiaries can protect their inheritances despite tight deadlines and sophisticated schemes. Don’t wait until tomorrow—every day closer to the 120-day deadline reduces options and increases risks. Contact The Legacy Lawyers immediately at our 24/7 hotline or visit our offices near the Stanley Mosk Courthouse in Los Angeles or the Central Justice Center in Orange County. Your inheritance countdown has already started.
FAQ Section
What happens if I miss California’s 120-day deadline?
Missing the deadline typically bars contest rights forever. The Legacy Lawyers sometimes find exceptions for fraud discovery or improper notice, but courts rarely extend deadlines. Act immediately.
How quickly can The Legacy Lawyers get emergency orders?
We’ve obtained ex parte orders within 4 hours in true emergencies. Los Angeles requires 24-hour notice typically, while Orange County reviews applications within 48 hours.
What does The Legacy Lawyers charge for estate fights?
We offer contingency fees for strong cases, taking payment only from recovery. California law often requires losing parties to pay winner’s attorney fees in bad faith cases.
Can I contest a California trust from out of state?
Yes, The Legacy Lawyers represent out-of-state beneficiaries regularly. We can handle most matters without your physical presence, appearing on your behalf in California courts.
When should I call The Legacy Lawyers about estate concerns?
Immediately upon receiving any trustee notice, learning of death, suspecting improper influence, or discovering suspicious transactions. Our 24/7 hotline ensures you never miss critical deadlines.
This article contains information about California law current as of 2024. The Legacy Lawyers are licensed to practice in all California state courts and maintain offices in Los Angeles, Orange County, San Diego, Riverside, and San Bernardino. Results described are specific to the facts of those cases and do not guarantee similar outcomes. For immediate assistance with California estate fights, contact The Legacy Lawyers’ 24/7 emergency hotline. Time limits strictly enforced.
