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 Contesting A Trust
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.
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 if the trust you are set to benefit from is the subject of trust mismanagement?
If a trustee has mismanaged assets or property, which caused a significant loss of value, the first thing you want to do is determine how the estate was mismanaged.
Are you a Victim of Undue Influence? Undue Influence Defined.
If your parent had previously executed a will, and you believe that it has since been changed, it is possible that he or she was the victim of undue influence. You may be able to contest the will in the probate court and have it rendered invalid.
I suspect forgery of a will. What can I do?
Forgery of a will or trust in California can result in the rightful beneficiaries of a person’s estate not receiving the property that they are intended to receive.
What should I do if I am considering filing a lawsuit against the trustee of a California trust?
Filing a lawsuit against the trustee of a trust can be a costly endeavor. However, it also may be necessary to protect your interests and the assets held in the trust. If you think that you may need to engage in Riverside trust litigation, take these steps.
What steps should I take if I suspect a breach of fiduciary duty in probate while the settlor of the trust was still alive?
With the recent decision of the California Supreme Court in the case involving the Estate of Giraldin, beneficiaries now have even greater rights against trustees.