A trust can be a powerful tool that helps you protect your assets, manage your estate, and facilitate the smooth transition of wealth from one generation to another. In California, trusts are commonly utilized due to their flexibility and efficiency in estate planning. Occasionally, however, a beneficiary (or another interested party) may feel the need to contest a trust. If you are contemplating a trust contest, you may feel overwhelmed at the prospect. To help prepare you for the road ahead, the Los Angeles attorneys at Schomer Estate & Wealth Advisors explain what you should know about contesting a trust in California.
Understanding Trust Contests
The legal process of contesting a trust refers to challenging the validity of the trust agreement or of specific provisions within the agreement. You cannot contest a trust simply because you are unhappy with the terms or because you do not agree with how the trust distributes assets. Common legal reasons (grounds) for contesting a trust include allegations of undue influence, lack of capacity of the Settlor (the person who created the trust), fraud, or errors in the trust document.
To initiate a trust contest, you must have “standing.” Standing is a legal term that essentially means you have the legal right to be involved in the litigation. In a trust contest, people (or entities) that commonly have standing include beneficiaries designated in the trust in question, recently removed beneficiaries, legal heirs, or other parties who have a financial interest in the trust.
Grounds for a Trust Contest in California
Before deciding to pursue a California trust contest, you should consult with an experienced trust administration attorney to ensure that you have legal grounds on which the trust could be declared invalid, such as:
- Undue Influence: One of the primary grounds for contesting a trust is undue influence. This occurs when the Settlor is coerced or manipulated into creating or amending the trust against their true intentions. Proving undue influence typically involves demonstrating the existence of a confidential or fiduciary relationship between the Settlor and the alleged influencer, along with evidence of coercion or manipulation.
- Lack of Capacity: The Settlor must understand what he/she is doing and the financial and familial ramifications of executing a trust agreement for the trust to be legal. If it can be shown that the Settlor lacked the mental capacity to understand the nature and consequences of creating or amending the trust at the time it was executed, the trust may be deemed invalid. Evidence of dementia, Alzheimer’s disease, or other mental impairments may support a lack of capacity claim; however, a Settlor can also have such conditions and still execute a Will or trust during a lucid period so do not assume that it automatically invalidates a trust agreement.
- Fraud: Misrepresentations, concealment of information by the Trustee, or outright deception can also give rise to a trust contest. Contestants must provide clear and convincing evidence of fraudulent conduct that materially affected the terms of the trust.
- Errors and Execution: Errors or ambiguities in the trust agreement, such as mistakes in drafting, unclear language, or conflicting provisions can be grounds for a trust contest. Improper execution of the trust agreement or relating documents can also lead to a trust contest.
What Steps Are Involved in Contesting a Trust in California?
Along with ensuring that you have standing and a valid legal reason to contest the trust, you also need to make sure you are within the allowable time frame to initiate a trust contest. In California, you have 120 days to contest a trust after receiving the mandatory notice under Probate Code 16061.7. This notice, which must include specific details, is sent to all legal heirs and trust beneficiaries. Consult with an experienced trust attorney if you are considering a trust contest to make sure you have the right to move forward.
If you are able to pursue a trust contest, initiating a trust contest in California begins with filing a petition with the appropriate court. The petition must state the grounds for contesting the trust and provide supporting evidence to substantiate the claims. All interested parties, including beneficiaries, Trustees, and heirs, must be properly notified that the trust is being contested.
The Trustee, appointed by the Settlor in the trust agreement, has an obligation to defend the trust agreement. Typically, the Trustee will retain the services of an experienced trust attorney at that point. The court will usually schedule the matter for a hearing at some point wherein all parties can present evidence and arguments. Depending on the complexity of the case and the number of contested issues, the litigation process can be lengthy and expensive.
During the proceedings, the court may order mediation or settlement conferences to facilitate negotiation and resolution among the parties involved. If a settlement cannot be reached, the case will proceed to trial, where the judge will make a final determination whether the trust is valid, making the terms and provisions enforceable, or invalid.
Do You Need Help Contesting a Trust in California?
For more information, please join us for an upcoming FREE seminar. If you need help contesting a trust in California, contact the experienced Los Angeles trust administration attorneys at Schomer Estate & Wealth Advisors by calling (310) 337-7696 to schedule an appointment.
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