Erin: Thank you for choosing the legacy lawyers as your source of information. We know this might be a difficult time we’re going through what we’re here to educate you and help you through the process. Please stay tuned for our question and answer portion.
David: Good morning, Erin.
Erin: Good morning, David. How’s the week looking so far?
David: looking pretty good.
Erin: Looking good. Okay, so you know, last week, and also this week, we’re talking about trust, and specifically trust disputes.
Erin: So is there a time limit on when a person can dispute a trust?
David: Okay. There are different layers to that.
So let’s look at the strictest layer, which is someone was given the proper notice of a trust that the person passed away. And you have a trust document that was presented to you, and you have it, and has some sort of notice saying that you have 120 days to file an action to contest the trust. That means that you have 120 days to file an action to contest the trust, you have been given notice.
Absent that notice, there are other types of deadlines that come and go, you have to be reasonable, you can’t unduly delay coming into action in the manner that would be an undue burden to other parties, because they didn’t know you had a beef. And when administered the trust and distributed. And finally, after everything’s distributed, you come in and say well, actually, that trust is not valid.
So generally speaking, if you’ve received notice, and it says you have 120 days and you have a copy of that trust, you have to give significant respect for the time period that is expressing that notice, I you know, circumstances could be different. I mean, there could be some sort of defect in the notice, you could have a dispute over when it was mailed and when it was delivered.
I’m not here to give legal advice on that because circumstances can affect that. But you have to give very significant respect, that there is a hard deadline that may be expressed in that document. And don’t wait till the 119 day that falls on the Friday to walk into an attorney’s office and think that you’re going to be able to dispute the trust, or don’t write a letter saying I dispute this trust or how could you make this trust like this, I know that you put this document in front of Grandma, and it’s not what she wanted, you know, expressing your displeasure is not significant enough.
So upon receiving this notice, you want to right away, go to an attorney and tell the attorney the circumstances which would lead you to believe that this trust was created out of some sort of bad act and act immediately. Don’t wait to last moment. I’ve seen folks file trust contest on the very last day. And in Orange County, we have an electronic filings system or mandatory electronic filing method to submit documents. And sometimes if you submit them, there’s significant delay in processing the order. If there’s case law that shows that people who file on the very last day and you know, by circumstance that’s not even in their own control, it gets delayed. And they are prohibited from pursuing that trust contest, because it went past that certain date.
Don’t wait, because it can significantly impair your ability to prosecute that action. So you always have to look at any hard deadlines and within the scope of that deadline. You really want to act reasonably. And not push it out. Because I see people harm themselves by pushing it out. So, huh. So you have a deadline that’s screaming in your face, and you want to start talking to attorneys immediately is my suggestion.
Erin: Well, thank you very much. And if you guys have any additional questions, feel free to email us at SMM at the legacy lorries.com. Have a great day. Thank you.
End of Transcript
Trust Contest and Time Limit to Dispute a Trust
If you are the beneficiary of a trust and are considering taking action against a trustee who is not doing their job, it is crucial that you take action as soon as possible. In California, there is a statute of limitation for a claim of breach of fiduciary duty. However, the real issue is that once the money is gone, it is very difficult to recover. So it is best to take immediate action when you suspect something is wrong.
Strictly speaking, when a person was given the proper notice of a trust that the person passed away and also has a trust document, it has some sort of notice saying that you have 120 days to file an action to contest the trust, then that means that you have 120 days to file an action to contest the trust. But there might be different as sometimes other factors can come to play and affect the time limit on when a person can dispute a trust. Just don’t wait because you think time is on your side.
Contact a Trust Litigation Attorney
If you are concerned that you are outside the statute of limitations period, we may still be able to help. To set your appointment right away, please call The Legacy Lawyers at: (714) 963-7543. You will not get the typical law firm feel from our office. We are different. Our systems are designed to save you time, to save you money, and to put you in control. At The Legacy Lawyers we are dedicated to your peace of mind.