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120 Days to Contest a Trust

Trust Contests: Navigating the 120-Day Deadline

If you are considering challenging a trust after receiving a trustee notification under Probate Code 16061.7, it is crucial to understand the 120-day deadline. Estate Law California APC is here to guide you through this process.

The 120-Day Deadline Explained

Under Probate Code Section 16061.7, trustees in the state of California are required to provide notice to beneficiaries and heirs about the existence of a trust, the identity of the trustee, and their right to request a copy of the trust document. If you are a beneficiary or heir and you wish to contest the trust, it is essential to be aware of the following:

1. Notification Period:

  • Trustees must send notifications within 60 days of the date of a trustor’s death or the date the trustee becomes aware of the trust.

2. 120-Day Window:

  • Beneficiaries and heirs have 120 days from the date of receiving the trustee’s notification to file a trust contest.

3. Importance of Timely Action:

  • Failing to file a trust contest within the 120-day window may result in losing the right to contest the trust based on reasons that could have been discovered through reasonable diligence.

How Estate Law California APC Can Help

Estate Law California APC’s experienced trust and estate litigation counsel is well-versed in navigating the intricacies of trust contests. Estate Law California APC’s services include:

  • Case Evaluation:
    Assessing the grounds for challenging the trust and developing a strategic legal approach.
  • Timely Action:
    Ensuring that trust contests are filed within the 120-day deadline to preserve your rights.
  • Legal Representation:
    Providing strong and effective representation throughout the trust contest proceedings.
  • Improper Execution:
    Disputes arising if the restatement or amendment was not executed according to California legal requirements. Probate Code Sections 15201, 15202, 15203, 15204, and 15205 address the essential elements of trust formation.

If you have received a trustee notification and are considering contesting the trust, it is crucial to act promptly. Contact Estate Law California APC for a free telephone consultation and let Estate Law California APC be your trusted legal partner in preserving your rights in trust and estate matters.

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