QUESTION

I would like to contest a trust. Lawyer is currently inviting objections in the PROBATE process.

Asked on Aug 13th, 2011 on Trusts and Estates - California
More details to this question:
A trust was made two years prior to death; Deceased was very sick mentally and physically. All properties passed onto career and other spouses (beneficeres) ignored.
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1 ANSWER

Estate Planning Attorney serving Santa Cruz, CA
2 Awards
Probate Code Section 16061.7 provides that the trustee of the deceased's trust has 60 days after death in which to provide notice to all heirs of the decedent and beneficiaries of the trust of the death and certain information about the trust administration, including the identity of the trustee and the principal place of administration of the trust. The notice must offer to send a complete copy of the trust, and it must provide that heirs and beneficiaries have 120 days in which to file a trust contest in court. If the deceased was not competent at the time he made the trust, then the trust may be invalid due to his incapacity. It may also be invalid if the making of the trust or provisions of the trust was the result of undue influence over the decedent by someone who sought to benefit from the trust. A successful trust contest on one of these or other grounds will be based upon evidence of the facts and circumstances existing at the time the trust was created. Typically an evidentiary hearing or trial will be required to bring those facts before the court so that a decision can be made as to the validity of the trust and the  identity of the rightful recipients of the trust property.  An attorney who specializes in litigating estates and trusts can help you determine whether you have a case and bring that case to court.
Answered on Feb 26th, 2012 at 11:01 AM

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