Pasadena Trust Litigation Lawyers Helping Clients Protect Their Right to an Inheritance
Trusts are a common estate planning option for people who want to avoid probate and have more control over how their assets are divided after death. Sadly, disagreements between trust beneficiaries can be frequent, resulting in protracted judicial fights. Our lawyers describe the trust litigation process in California and what you may do if you think fraud or undue influence may have been engaged when a trust deed was established.
What Are My Options in California If I Want to Challenge a Trust?
The procedure is comparable to contesting a will if you have the legal authority. Both revocable and irrevocable trusts can be challenged. It is advised that you consult with a trust litigation solicitor before doing so to ensure that you have a strong argument and the proper justifications for challenging the trust.
The relevant probate court with authority over the trust will subsequently receive your case, which you will file there. The court will probably not hear the case if a beneficiary is only contesting the conditions of the trust because they are dissatisfied with the legacy they received. For instance, you must have a big reason to challenge the trust’s provisions or provide proof that the trust administrator is not operating in good faith.
What Justifications May Be Used to File a Trust Contest?
A few typical causes might give rise to trust dispute litigation. When the trust’s beneficiaries believe the trust’s creator was forced or under duress to alter the trust’s provisions. An old parent may succumb to pressure from an adult child to create or modify a trust. Another justification is where there are grounds to believe that the trust’s creator was not mentally competent when the trust was established, maybe because they had dementia or another illness that affected their judgement.
Other acceptable grounds for a dispute include proving that there was possible fraud in establishing or managing the trust or proving that the individual who helped create the trust would profit from it. Contacting a trust litigation solicitor should be your first move if you are unsure whether you have a good case for a trust dispute lawsuit.
Who in California Has the Right to Start a Trust Contest?
You must have legal standing to start a trust lawsuit procedure. Each person has a property right that the action will impact falls within this widely defined legal notion. They might be heirs, kids, spouses, additional beneficiaries, or even creditors with a stake in the estate.
What Assistance Can a Trust Litigation Lawyer Provide?
It might be challenging to effectively resolve complex trust litigation situations without the help of an expert trust litigation solicitor. Before your case ever makes it to court, you must put in a lot of effort to ensure that it is valid and that you have enough evidence to demonstrate that you have the necessary reasons and legal standing to file the challenge.
Your solicitor can significantly assist at this first phase of preparation and as your case moves through the legal system. Our legal team at Barilari & Williams, LLC has successfully fought trusts for several people in Pasadena and the surrounding areas. Call us at 888-EST-PLAN with any needs or questions about trust litigation.
Your lawyer may be helpful as your case progresses through the court system and throughout this first preparation stage. Our legal team at Barilari & Williams, LLC has helped several clients in Pasadena and the surrounding regions successfully fight trusts. For all your trust litigation requirements and inquiries, call us at 888-EST-PLAN.
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