Our Los Angeles Trust Litigation Attorney Explains Possible Options
Trusts are useful tools families can use to specify the aspects of an inheritance, such as who receives certain assets or properties. Families can avoid the cumbersome California probate process by using a trust.
However, there are sometimes legal issues that may complicate a trust. Undue influence is a common issue that can affect the beneficiaries of a trust. We discussed why beneficiaries should contest a trust affected by undue influence on a recent blog.
There are other types of issues that may necessitate filing a trust lawsuit or contesting a trust. Whether you can pursue either option depends on the circumstances. First, you should know more about when it is appropriate to seek trust litigation as an option for resolving your issues.
Reasons for Contesting a Trust in California
You should consider speaking with an estate litigation attorney if you suspect your trust was affected by the following scenarios:
- The grantor was incompetent. If the grantor was not of sound mind when signing or amending the trust, then you may have grounds to challenge the trust. Dementia, strokes, and other serious health conditions may warrant speaking to an attorney.
- Fraud. You should speak with a trust litigation attorney if you believe fraud influenced your trust. An example of trust fraud could include a trustee who uses assets in the trust to pay for his or her personal expenses.
- The trust is unlawful. Trusts must follow California law. There are certain issues that could make a trust unlawful in California, such as if the trust has documentary defects or was not signed in accordance with state law.
- The trustee is not performing his or her duties. You may be able to contest a trust if the trustee fails to perform his or her duties under the trust. Trustees are liable for a breach in fiduciary duties or for failing to promote the rights of the beneficiary.
These are only a few common examples of why it may be necessary to contest a trust or pursue litigation. If you have issues with your trust and want to discuss it with our trust litigation attorney, we offer consultations that can help determine whether you have legal options.
How Long Do I Have to File a Trust Lawsuit?
There is a small window of time to file a trust lawsuit or contest a trust. You have 120 days after receiving notification from the trustee to contest a trust. If you need to sue the trustee for a breach of trust, then you generally have three years.
However, it is important to understand that deadlines vary depending on the specifics of your case. You should speak with a California trust attorney to determine how the statute of limitations or other deadlines affect your unique circumstances. Always consult with an attorney before making any important decisions about filing deadlines.
Contact Our Los Angeles Estate Litigation Attorney for More Information
Do you have questions about contesting a trust or filing a lawsuit over a trust? We are here to help. Los Angeles estate litigation attorney Greg Aslanian can help you review potential legal options for resolving your situation. To schedule a consultation with us, call (626) 345-7210 or use the contact form on our site.