Can I Challenge a Will or Trust with No Contest Clause?
Can I challenge the will or trust in probate court even if there is a no contest clause? It is important to know that the existence of a no contest clause is usually meaningless.
Articles about Probate Litigation
I’m Not Getting What I’m Supposed to from Parents’ Estate
I’m not getting what I’m supposed to from my parents’ estate. What can I do about it?
Where do I find the law for California will contests, probate litigation, and trust litigation?
The law for California will contests, probate litigation, and trust litigation is mostly found in the California Probate Code.
What form do I fill out to file a trust contest?
None. There is no form to fill out to file a trust contest. Trust contests, and will contests, require a petition to be filed with the probate court.
How do I pay the costs of probate litigation or trust litigation?
If you want to challenge a will or trust or want to remove an executor or trustee then you have two options. You can hire a probate or trust litigator on an hourly basis or on a contingency fee.
Is there a way to pay for probate litigation or trust litigation if I can’t afford to hire my own attorney?
Maybe. Some cases are a good fit for a contingency fee agreement. A contingency fee agreement allows you to hire an attorney without paying anything out of pocket.
What is the difference between trust litigation and financial elder abuse litigation?
Generally, from a beneficiary’s perspective, the difference between trust litigation and financial elder abuse litigation is when the money or property was wrongfully taken.
What is a no-contest clause and does California law uphold it?
As part of the estate planning process, you or a loved one may have chosen to include a no-contest clause in the will or living trust.