Part 2: How to Fight Back — Inside a California Trust Contest
If you haven’t read Part 1: What Really Happens When You’re Cut Out of the Family Trust, start there first. We covered the first 3 steps and how most trust disputes begin — from the shock of discovering a last-minute amendment to the first crucial steps of gathering documents and understanding your rights.
Now, in Part 2, we’ll dive deeper into what happens after you decide to take action: how trust contests work, what legal strategies matter most, and how to protect your inheritance in California probate court.
Once you’ve decided to move forward, it’s time to take action. Filing a trust contest in California isn’t just about paperwork. It’s about strategy, timing, and understanding the emotional and legal complexities that come with family disputes.
Step 4: Filing the Trust Contest Lawsuit
Your lawyer will file a verified petition in probate court — meaning you must swear under penalty of perjury that the allegations are true. That’s why it’s often better to keep the initial petition concise and focused on the core legal grounds rather than listing every suspicion or theory.
Common legal grounds include:
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Lack of capacity – the person who signed the amendment didn’t understand what they were doing.
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Undue influence – someone manipulated or pressured the person into signing.
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Fraud, forgery, or even financial elder abuse in some cases.
Fraud claims are particularly tricky because California law requires them to be pleaded with specificity — you must allege who made the false statement, what was said, when it was said, and why it mattered.
Undue influence and lack of capacity, by contrast, can be alleged more generally at the start and developed through discovery.
Step 5: Strategy and Sequencing of Claims
Sometimes clients want to do everything at once — contest the trust, remove the trustee, and freeze distributions. That can be tempting, but it isn’t always strategic.
For example, you might wait to file a trustee-removal petition until after your contest is on file and discovery is underway. Or you might hold back a fraud claim until you have more evidence.
In trust litigation, timing and sequence matter just as much as substance. A premature or overbroad filing can backfire — while a lean, well-planned petition sets you up for long-term success.
The Bigger Picture: Why These Cases Matter
Every trust litigation case tells a story of family, love, and loss — but also of control, money, and trust betrayed. Contesting a trust isn’t just about dollars. It’s about restoring fairness and honoring your parent’s true intent.
At Albertson & Davidson LLP, we’ve represented hundreds of clients in California trust disputes — recovering or protecting over $300 million for wronged beneficiaries. Justice in these cases rarely comes easy, but it does come with persistence, strategy, and courage.
Final Thoughts
If you believe your parent’s trust was changed unfairly, or that someone took advantage of them in their final years, you’re not alone. You have legal rights and powerful remedies under California law.
But time matters. You generally have 120 days from receiving notice of the trust to take action. If you miss that deadline, you may lose your right to challenge it forever.
Don’t wait. Talk to an experienced trust litigation attorney who understands the anatomy of these lawsuits and can guide you through the process step by step.
