Filing a Trust Contest in California
Filing a Trust Contest
I was recently contacted by someone who wanted to try filing a trust contest in San Bernardino County. After discussing the facts of her case with her, it became clear that she was unlikely to be able to prove her case. This person then asked me to take her case on a contingency basis. While my firm does take some trust contests on a contingency fee, we only do so with cases we believe have merit. This one didn’t.
I declined to take this case and the caller asked how to file the trust contest on her own. So, I explained to her how that’s done. Having received an explanation, I was sure this caller would contact another attorney or decide not to pursue her case. Instead, she asked, “where do I get the form?” There is no form, I replied. Each trust contest has unique facts and those facts have to be pleaded in your petition. She couldn’t accept this and repeatedly asked what form she should fill out to start her case. She just didn’t want to accept my explanation. I suppose there is some poor clerk at the probate court who is still trying to explain to her she has to draft a petition because there is no form.
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