Practice Area

Trust Contests

San Jose Trust Contest Attorney

When Trusts Are Challenged: Protecting Your Interests In Estate Disputes

A trust contest occurs when an interested party challenges the validity of a trust. Trust contests can involve various legal issues, including claims of undue influence, lack of testamentary capacity, fraud, or the improper execution of the trust. Trust contests are a common type of trust dispute and often involve disagreements over the terms of the trust, how assets should be distributed, or the intentions of the deceased.

In California, anyone who has a financial interest in the estate or trust (such as a beneficiary or potential heir) can contest a trust, provided they have standing to do so. Trust contests can be emotionally charged, involving family members or loved ones with conflicting interests.

When a trust is contested, beneficiaries or other interested parties challenge the validity or terms of the trust. In California, trust contests often arise due to concerns about the trust’s authenticity, the decedent’s intentions, or possible fraudulent activities. Whether you’re challenging a trust or defending it, having Ferguson Law Group’s experienced attorneys in San Jose by your side are critical to ensure your rights are protected throughout the litigation process.

Some common grounds for challenging a trust include:

Undue Influence

If you believe that the trust was created or modified due to manipulation, coercion, or pressure from another party, you may be able to contest the trust on the grounds of undue influence.

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Lack of Testamentary Capacity

If the grantor of the trust was not mentally competent at the time the trust was created or amended, a trust contest may be filed based on the argument that the trust is invalid.

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Fraud of Forgery

If the trust was altered, forged, or created fraudulently, interested parties may challenge its validity. Proving fraud or forgery often requires substantial evidence and legal expertise.

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Improper Execution

A trust must be executed in accordance with California law to be valid. If the trust was not signed, witnessed, or notarized correctly, it may be subject to contest.

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Ambiguous or Vague Terms

If the terms of the trust are unclear or ambiguous, beneficiaries may dispute how assets should be distributed. In such cases, trust litigation may be necessary to clarify the trust’s intent.

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There are important considerations when contesting a trust:

Statute of Limitations

In California, there is a statute of limitation for contesting a trust. Generally, a trust contest must be initiated within 120 days of receiving notice of the trust’s existence or the filing of the trust with the court. If you miss this deadline, you may lose your right to contest the trust. It’s crucial to act promptly if you are considering a trust dispute.

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No Contest Clauses

Many trusts include a no-contest clause, which is a provision that disinherits or penalizes beneficiaries who challenge the trust’s validity without a legitimate legal basis. If you are involved in a trust contest, it is important to understand whether the trust includes a no-contest clause and how it may affect your case. Our attorneys can help you evaluate the risks associated with challenging a trust that contains such a clause.

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For additional information about Ferguson Law Group’s Trust Contests services,
please contact: 408-296-3700

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