Trust Contest Fountain Valley
A parent died. In the moments of recovery after the death, a trustee or individual responsible for administration of the trust produces an entirely unfamiliar estate plan. This new plant does not reflect your parent's last will; instead, it reflects the will of an aggressive individual who took advantage of your infirm mom or dad before they died.
Many legal issues arise from such a situation: haphazard organization, changed trustees or beneficiaries, and even entirely unfamiliar inheritance amounts. The moment a breach of this magnitude occurs, you must make an important decision: to keep or to challenge the document.
If you choose to leave the trust as-is, you will have to live with the fake trust's terms— possibly giving up a significant share of your rightful inheritance. If you choose to challenge, that begins the process of estate litigation.
This decision must occur quickly. In California, you only have 120 days to bring a claim regarding a trust document before losing the change forever.
For individuals who are experiencing this chaos first hand, they may feel alone. Finding a trust litigation lawyer can be challenging enough, a fact magnified by the evident manipulation of a loved one.
Unfortunately, this situation is far more common among family members than many want to believe. The elderly who may be sick, dependent, or even diminishing in their mental capacity are left vulnerable to undue influence— a manipulation that alters the wishes of another person.
Whether this occurs for a living trust or an irrevocable trust, the road ahead is challenging. If you choose to leave the trust as-is, you automatically accept its faulty terms. If you contest the trust in probate court, you may trigger a "no-contest" clause— a rule that states trust beneficiaries who contest the document no longer earn an inheritance.
These decisions are difficult to make, especially if you don't have a litigation attorney in your corner to help you understand your rights, options, and the California probate code.
Attorneys With Experience
The above is only a brief look at what is yet to come. The trust contest process is full of trials and tribulations where you not only argue your case, but back it up with evidence.
Whether you are starting a trust contest in Orange County, Los Angeles, Laguna Hills, or another California location entirely, the Legacy Lawyers can work closely with you to ensure you are getting the best legal advice around.
Have questions or are interested in starting your administrative journey? Reach out to our law firm for an initial consultation with a trust administration attorney and receive legal help as soon as possible at (714) 477-7211
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