Contesting a Revocable Trust After Death: Trust Litigation Basics
A revocable trust can be challenged after the settlor dies if there are valid legal grounds to question the trust or an amendment, such as lack of capacity, undue influence, fraud, or an invalid modification. However, disagreeing with how a loved one distributed property is not enough by itself to invalidate a trust.
Losing a loved one is already difficult, and discovering unexpected changes to their estate plan can raise questions about whether the trust truly reflects their wishes. You may be especially concerned if significant changes occurred shortly before death or while your loved one was experiencing declining health.
At Bochnewich Law Offices in Palm Desert, California, we represent clients in trust and estate disputes. We can review the trust, the circumstances surrounding its creation or amendment, and the applicable deadlines to help you understand your legal options. Contact us now to schedule a free consultation.
Legal Grounds for Challenging a Revocable Trust
A trust contest requires more than believing that an inheritance is unfair. You generally need a recognized legal basis for asking the court to invalidate the trust or a particular amendment. Common grounds for challenging a California trust include:
Lack of capacity: The settlor lacked the legally required mental capacity when creating or amending the trust. Questions about capacity may arise when significant changes were made while the settlor was experiencing cognitive decline or another condition affecting decision-making. Advanced age or a medical diagnosis alone, however, does not automatically establish lack of capacity.
Undue influence: Someone used excessive persuasion that overcame the settlor's free will and produced an inequitable result. California law considers factors such as the settlor's vulnerability, the alleged influencer's authority or relationship with the settlor, the tactics used, and the resulting change. An unexpected or unequal inheritance alone does not prove undue influence.
Fraud: A trust or amendment may be challenged when fraud affected its creation or the settlor's decision to sign it. For example, a dispute may involve allegations that someone deceived the settlor about what a document contained or made false statements that influenced changes to the estate plan.
Invalid creation or amendment: A dispute may concern whether a trust or amendment was validly created or modified under California law and the terms of the trust itself.
Medical records, communications, documents prepared as part of the settlor's estate planning, financial records, and testimony from people who knew the settlor may become important when evaluating these claims.
Who Can Contest a Revocable Trust After Death?
Not everyone who disagrees with a trust distribution necessarily has the right to challenge it. Whether you can bring a trust contest depends on your interest in the trust, the nature of the challenge, and the relief you are asking the court to provide.
For example, a beneficiary whose inheritance was reduced or eliminated by a disputed trust amendment may have an interest in challenging that amendment.
Standing, which means having the legal right to bring a particular claim before the court, can become an issue in trust litigation. We can review the trust documents and your relationship to the estate plan to determine whether you may have grounds to pursue a challenge.
Deadlines for Contesting a Trust in California
After a revocable trust or a portion of it becomes irrevocable because of the settlor's death, California law generally requires the trustee to provide a statutory notification to specified beneficiaries and heirs. If you receive this notification, you generally have no more than 120 days from the date it is served to bring a trust contest.
If a copy of the trust terms is mailed or personally delivered to you during those 120 days, the deadline is the later of the original 120-day deadline or 60 days from the date the trust terms are mailed or personally delivered.
For example, suppose you receive the trustee's notification, and 100 days later, you receive a copy of the trust terms. At that point, only 20 days remain in the original 120-day period, but the law generally gives you 60 days from when the trust terms are mailed or personally delivered. Because the 60-day period ends later, that deadline would generally apply.
If you have not received the required notification, do not assume you have unlimited time to challenge the trust. The applicable deadline may depend on the type of claim, the notice provided, and other circumstances.
What Happens During a Trust Contest?
A trust contest generally begins with a petition asking the appropriate California Superior Court to decide issues concerning the trust. The petition identifies what is being challenged, the legal basis for the challenge, and the relief requested.
If the dispute continues, the parties may use discovery, which is the formal process for obtaining information and evidence from one another. Discovery can include requests for documents, written questions, and depositions, in which witnesses answer questions under oath. These tools allow the parties to obtain evidence relevant to the disputed trust or amendment.
Not every trust contest ends in a trial. The parties may negotiate a settlement or participate in mediation, where a neutral mediator assists them in trying to resolve the dispute. If they cannot reach an agreement, the court may ultimately decide the contested issues based on the evidence and applicable law.
Contact Our California Trust Litigation Attorneys
If you believe a trust or amendment may be invalid, reviewing the documents and circumstances surrounding the change can help determine whether you have grounds to challenge it and what deadlines may apply.
At Bochnewich Law Offices in Palm Desert, we handle trust, estate, and probate litigation for clients throughout Riverside County, Los Angeles County, San Bernardino County, Orange County, and San Diego County. Contact us today to schedule a free consultation about a potential trust dispute.