Extremely knowledgeable, patient, respectful and absolutely brilliant at composing legal correspondence. Adam is an excellent attorney at both preparing legal documents to avoid complications and litigating to help resolve complications.
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.
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.
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.
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.
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.
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.
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.
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.
Extremely knowledgeable, patient, respectful and absolutely brilliant at composing legal correspondence. Adam is an excellent attorney at both preparing legal documents to avoid complications and litigating to help resolve complications.
I have known Adam for the past ten years. He has been [an] advocate for many of my client’s estate planning needs. His professionalism and thorough knowledge of the law has been an asset to our community. Adam is a family man and understands the dynamics it takes to follow through with asking the right questions to follow through with any complex ideas that may arise from multiple generations. You will be thrilled to work with Adam.
Adam Ferguson was very helpful to me in determining whether to move forward with a law suit. In the end we decided against it, so I didn’t actually use his services. However he was extremely responsive to all of my questions, and took the time to explain carefully. I would not hesitate to use him if I had a case!
I would highly recommend working with Adam Ferguson from Ferguson Law Group. His informative advice and expertise in working with family members, pertaining to my Mother’s Trust, prepared us for the future and gave us suggestions for a better outcome that I never would have thought of. Thank you Adam!
Adam is extremely diligent and professional. We had a rare case and Adam was so nice in helping depose my family when one of my grandparents fell ill and passed away at a time their estate planning was an absolute mess. Adam and his team are extremely knowledgeable and well versed in the areas of estate and business planning. Highly recommend.
Adam helped us build our family trust and guided us through ALL the other documents we needed to have for our family should there be an emergency. He was smart and explained everything to us in a way we could understand so we felt confident in our documents. Adam also give me a great recommendation for a lawyer that works in a different specialty.
Adam and staff are a great team. My wife and I felt like we were valued as clients from the moment we met in his office. Adam sat down with us and explained trusts and answered all of our questions. His staff was always there to handle any other questions and concerns, appointments, etc. I was referred to the Ferguson Law Group by a client, and will definitely forward Adam’s contact to any friends and family who need to work with a trust attorney.
I have used the legal services of Adam Ferguson and his team for over 10 [years] with excellent results. He’s knowledgeable, reactive to my communications and I appreciate the thorough and accurate advice I have received. Specifically, I have used his estate planning, trust preparation, LLC and Incorporation assistance. If you’re looking for a bright, honest lawyer, be confident in choosing Adam.
My husband and I had been putting off updating our trust for quite awhile. Once we made the decision, we were glad we did. Working with Debra was so comfortable. She was very professional and thorough making sure we understood every page of the documents created for us before the final signing. The atmosphere in the office was pleasant and friendly.
We recommend Ferguson Law Group highly.
[Ferguson Law Group is] Great to work with, Debra was especially great. Appreciate her and Theresa willing to come in on a Saturday to accommodate us to sign documents. Very thorough and quick in their work. Had our estate binder less than a week after we signed and they took care of the retitling with the county for our house, etc. and thoroughly explained what we needed to do to make the changes on our bank accounts. Would highly recommend!!