At some point in the past, a loved one established a trust to help preserve a legacy and benefit those they cared for the most. When it came time for you to benefit from that trust, you assumed everything was in place, and there was nothing to worry about. That is, until everything went sideways and the trust generated more questions than answers. If that’s the case, it might be time to learn how to contest a trust in California.
At Geremia & Cullen, we help clients throughout California navigate trust and estate disputes with a practical and compassionate approach. With our focus on trust and estate litigation, we have deep experience handling a wide range of issues. We understand these disputes can involve painful family conflict, confusion, and financial stress. Let us take that weight off your shoulders and guide you through the trust contest process.
How Do Trusts Work?
A trust is a legal arrangement that holds property that is managed by a trustee for the benefit of one or more beneficiaries.
Trusts involve a creator, called a settlor, who:
- Decides what they want the trust to do and sets those terms in a written trust document,
- Selects a trustee and defines their powers and responsibilities,
- Names one or more beneficiaries to receive the benefits of the trust, and
- Funds the trust by transferring property into its name.
Trusts fall into two primary categories: living and testamentary. A living trust begins operation during the settlor’s lifetime, while a testamentary trust begins after death through the terms of a will.
Trusts can also be revocable and irrevocable. A revocable trust generally allows the settlor to change, amend, or revoke the trust during the settlor’s lifetime. However, the settlor typically cannot change an irrevocable trust once it is created, except under limited circumstances.
What Is a Trust Contest?
A trust contest is a legal challenge to the validity of a trust document or trust amendment. Trust contests commonly involve disputes between siblings, caregivers, trustees, or other individuals accused of improperly influencing the trust creator or interfering with the estate plan.
If the person contesting the trust succeeds, the court may invalidate part or all of the trust. Depending on the circumstances, the court may restore an earlier version of the trust or order distribution of trust property under California inheritance laws.
The time required to contest a trust in California depends on several factors, including the complexity of the dispute, the amount of evidence involved, and whether you reach a settlement before trial. Some disputes resolve relatively quickly through mediation or settlement discussions. Others require lengthy investigations, evidence gathering, and trial proceedings.
Who Can Contest a Trust?
A person may challenge a trust if the outcome of the challenge could directly affect that person’s financial interest. For example, someone may have the right to contest a trust when they:
- Would receive property under an earlier version of the trust,
- Lost an inheritance because of a later trust amendment,
- Would inherit property if the trust becomes invalid, or
- Stand to gain or lose property depending on how the court rules.
Generally, a person’s right to sue becomes active once their potential entitlement to property becomes active. For beneficiaries, that means their ability to sue may not arise until after the settlor’s death.
When Can You Contest a Trust?
California law allows people to contest a trust when they have a legally recognized interest in the trust or estate and valid legal grounds for the challenge. Most legal grounds center around disputes over whether the trust truly reflects the settlor’s wishes or intentions, and include:
- Lack of mental capacity—not understanding the property involved, the people affected, or the effect of the document containing the trust’s terms when created;
- Undue influence—pressure or manipulation of another into creating or changing a trust against their true wishes;
- Fraud—intentionally lying to or misleading the trust creator to influence the estate plan;
- Duress—threats, intimidation, or coercion used to force the trust creator to sign or change the trust;
- Improper creation—failing to follow the law when they established or amended the trust; and
- Forgery—forging a trust document or the signatures on a document.
Generally, you can contest a trust if there are legal questions about the properness of its creation or modification.
Questions about your trust contest?
Every trust contest case is different. Our attorneys can evaluate your situation and help you understand the likely timeline and next steps.
How Long Do You Have to Contest a Trust?
Your ability to contest a trust arises when you acquire an active legal interest in it. In the case of a revocable trust, you gain that interest after the trust’s settlor dies or becomes legally incapacitated. When that occurs, the trustee is legally obligated to notify beneficiaries about the trust and its terms. For an irrevocable trust, your interest may arise as soon as trust administration begins.
Once your interest arises, the typical trust contest timeline in California depends on the type of trust and whether you are challenging trust creation or amendment. When a trustee properly notifies you about the trust and your rights in it, you generally have 120 days to bring your contest.
How Does the California Trust Litigation Process Work?
The California trust litigation process usually begins with an investigation into the trust, the surrounding circumstances, and the available evidence. If you decide to move forward with the dispute, you file legal documents with the probate court.
The parties then exchange evidence, attempt settlement discussions or mediation, and prepare for trial if they cannot resolve the matter voluntarily. Simple disputes may resolve within several months, while heavily contested cases may remain in court for a year or longer.
Speak with a California Trust Litigation Attorney
Trust disputes often involve grief, risks to relationships, financial uncertainty, and unanswered questions about a loved one’s wishes.
At Geremia & Cullen, we handle trust contests, trustee disputes, and estate litigation matters throughout California. Our extensive experience in resolving trust and estate disputes positions us to provide clients with skilled advocacy and effective courtroom representation. We can also offer contingency-fee representation in some cases, where clients do not pay attorney fees unless we recover compensation.
Contact Geremia & Cullen today to discuss your situation and learn more about your legal options.
Legal References Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
- Trustee’s Duty to Report Information and Account to Beneficiaries, Cal. Prob. Code § 16061.8 (2023).
