Practice Area

Trust Contests

San Jose Trust Contest Attorney

Challenging the Validity of a Trust After a Loved One’s Passing

When questions arise regarding the validity of a trust after a loved one passes away, interested parties may seek to challenge the document through the courts. These disputes often involve allegations of undue influence, lack of capacity, or concerns about how the trust was created or amended.

Legal issues arising after a loved one’s passing often require experienced litigation counsel. Ferguson Law Group represents heirs, beneficiaries, and trustees in trust contests when conflicts emerge during the administration of an estate.

When Estate Plans Are Contested

When a trust or will is being contested after death, experienced legal representation can be critical. Trust disputes often arise when families begin reviewing estate documents, and questions emerge about whether the trust reflects the true intentions of the person who created it.

Our work often begins when estate disputes arise following a loss, helping families navigate complex legal questions surrounding contested trusts and inheritance rights.

Some common grounds for challenging a trust include:

Undue Influence

These disputes frequently arise after a loved one’s passing, when heirs or beneficiaries begin reviewing the circumstances surrounding the creation or amendment of a trust. 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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Guidance When Trust Disputes Arise

After a loved one passes, emotions can run high and legal disputes may follow. When conflict emerges regarding the validity of a trust, Ferguson Law Group provides strategic representation to help families navigate the legal complexities that can arise during estate administration.

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

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