Trust Contest in California: How to Start
The Trust Contest in California is started by filing a petition in the probate court. Trust contest petitions must state how the petitioner (person filing the petition) would or should get more upon winning the case. Facts supporting that you are in both the correct probate court and that your claim must be shown. The petition is not a form document or judicial council form that is filled in and filed with the court. The petition must state the facts supporting your case, showing why the trust should be set aside.
What must the Petition state?
The petition must state the reasons the trust should be set aside. For example, if you believe the trust was created at a time the settlor was mentally incompetent, then the petition has to state that as a fact. If you don’t know for a fact the settlor was incompetent, then you can claim “information and belief.”
Certain allegations, such as fraud, must be pleaded with specificity. This means your petition has to state the underlying facts supporting your fraud claim. You must state enough facts to show there is some proof of each element of the fraud claim.
Reason for Challenging
Whatever the reason for challenging the trust, you must file your petition in a timely way. If the trustee has sent you the statutorily required notice, then you only have 120 days from the time you receive the notice to file your case. If the trustee has failed to provide you with this notice, then you may have up to four years to file your lawsuit.
After you file your trust contest in California, you must serve your petition to the trustee. As well as the trust beneficiaries and anyone else whose interests in the trust may be impacted by your lawsuit. Some individuals can be served by mail, while others will need to receive personal service. Typically, your attorney will handle the service of all parties or potential parties involved.
More on Trust Contests
If you would still like some more information on trust litigation and removing a trustee, check out our complete overview of California trust litigation, which is available on our website. Our law firm specializes in trust and probate law, and we are ready to assist you in navigating these complex issues. Contact us today for a consultation to ensure your rights are upheld and your trust is managed wisely. You can reach us at (888) 443-6590 or fill out our “Get Help Now” form below.