Posts Categorized: Trust Contests

Done yet

Are We Done Yet? How long does an average Trust or Will litigation case take to resolve in California?

The short answer is twelve to thirty-six months or more. But the specific answer varies widely based on the circumstances you confront in your case. It can take far longer than you like to resolve your Trust or Will litigation case. And there are a few factors that affect the length of your case. The first factor is our court ...

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Run out of time

Have you Ran out of Time? How Long Do I have To Contest A Will or Trust In California?

Contesting Wills and Trusts can be difficult because each document operates under a different set of rules. And each document has a different statute of limitations for contesting it. Timeline for Wills. You really cannot contest a California Will until someone offers the Will to be admitted into probate. Under California law, a Will is not a Will until a ...

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9

Inheritance Theft! Can a relative who I’ve excluded from my Will fight for inclusion after I’m gone?

Yes, provided that relative has standing to sue. Any family member (or past beneficiary) who has been excluded from your Trust or Will can fight for inclusion after you die. But to do so they first must have standing. To have standing means they are an heir or prior beneficiary of yours and they have a property interest they will ...

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Can you challenegeyour Trustee_-4

My siblings were disinherited–Do I owe them anything?

The short answer is no. If you are named as the only heir to your parent’s estate, then you win—and all the excluded children lose. You do not owe them anything. Or at least, that is how it should work…in theory. But many cases are not that easy because the excluded children often do not like being excluded (imagine that). ...

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Can you challenegeyour Trustee_-2

Left Out in the Cold? My mom died and left me out of the Will–What can I do about it?

What can you do when you find yourself left out of a parent’s Will? That all depends on the circumstances surrounding the creation of the Will in the first place. For starters, in California children do not have a right to inherit any property from a parent. In other words, a parent can disinherit a child, leaving them nothing. Minor ...

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The Beneficiary'sCorner v3

Will you lose your inheritance? The Beneficiary’s Corner — Course 5 California No Contest Clauses

1. The basics of California No-Contest Clauses. Under current law, California no-contest clauses only apply to: 1. Direct contest brought without probable cause; 2. A pleading to challenge a transfer of property on the grounds that it was not the transferor’s property at the time of the transfer; and 3. The filing of a creditor’s claim or the prosecution of ...

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