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Trust Contests

Trust Contests in California: Understanding Your Rights

Welcome to Estate Law California APC, your trusted legal partner in navigating trust contests in the state of California. Estate Law California APC is here to guide you through the complexities of trust disputes, ensuring your rights are protected every step of the way.

Grounds for Contesting a Trust in California

A trust contest arises when there are disagreements or disputes regarding the validity or terms of a trust. This legal process allows interested parties to challenge the creation, modification, or termination of a trust. In California, these contests often involve issues such as:

Lack of Capacity:

Questions about the mental capacity of the settlor or grantor (the individual creating the trust). Probate Code Sections 810-812 address capacity in estate planning matters.

Undue Influence:

Allegations that someone exerted improper influence over the trust creator. Welfare and Institutions Code §15610.70 defines undue influence.

Fraud or Duress:

Claims that the trust was established under fraudulent circumstances or duress.

Forgery:

Claims that the trust and/or trust signatures were forged.

Improper Execution:

Challenges related to the proper signing and execution of the trust document. Probate Code Sections 15201, 15202, 15203, 15204, and 15205 address the essential elements of trust formation.

Legal Process for Trust Contests

Navigating a trust contest involves several legal steps:

Filing a Petition:

Initiating the process by filing a petition with the court outlining the grounds for contest.

Discovery:

Collecting evidence to support your claims, including witness testimonies, medical records, and relevant documents.

Court Proceedings:

Attending court hearings and presenting your case before a judge.

Resolution:

Reaching a resolution through negotiation, settlement, or a court decision.

How Estate Law California APC Can Help

Estate Law California APC specializes in trust and estate litigation, providing clients with the expertise needed to navigate trust contests effectively. Estate Law California APC is committed to protecting your interests and ensuring a fair resolution.

Contact Estate Law California APC today to schedule a free telephone consultation and discuss your trust contest case.
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