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By: Scott Grossman on August 27th, 2016

Missed Deadlines Can Significantly Impact Trust And Estate Lawsuits


When it comes to disputes over the administration of trusts and estates, a missed deadline is often involved. The California Probate Code, federal law, and other statutes all impose statutory deadlines throughout the trust and estate administration process. When these deadlines are not closely followed, a lawsuit or court intervention may result. This is why it is important for personal representatives, trustees, beneficiaries, heirs, and creditors to all be aware of the various deadlines that may apply to the trust or estate in which they have an interest.

Action Items With Deadlines That Can Impact Trust and Estate Litigation

Some of the action items with statutory deadlines that can lead to the need for court involvement with regard to a trust or an estate include the following:

  • Filing a will with the appropriate probate court after someone dies
  • Serving a notification by a trustee to the beneficiaries of a trust
  • Filing, accepting, or rejecting a claim brought by a creditor against the trust or estate
  • Objecting to the appointment of an individual as a personal representative
  • Filing an accounting for a trust or an estate
  • Filling a will contest
  • Filing a trust contest
  • Filing estate or trust tax returns

Depending on the deadline that was missed, the consequences for the inaction can range from minimal to potentially devastating. For example, failing to file a will within 30 days of a person’s death may not have significant consequences. However, if the person holding the will continues to refuse to file it, court involvement may be necessary in order to force its filing. Alternatively, failing to take an important action such as responding to a creditor’s claim could leave a trust or an estate liable for a debt that could otherwise have been challenged. This may have a significant impact on the value of the trust or estate. The important lesson to take away is that all parties involved in a trust or estate administration must pay close attention to deadlines in order to prevent harm.

Related Links

The Grossman Law Firm, APC (951) 523-8307