Creating a California trust is one important strategy for accomplishing your estate planning goals. However, you may be concerned that one or more beneficiaries could potentially challenge or contest the trust in the future. Only certain people have grounds to pursue a trust contest and challenge any terms within it.
Any beneficiary who is disadvantaged or disinherited under the terms of the trust can contest it. A beneficiary has a legal right to be notified about the trust’s existence and to receive a copy of the trust itself. Furthermore, they are also eligible to receive information about their interest in the trust and to enforce the terms of the trust by holding the trustee accountable.
Someone who is disinherited or disadvantaged but is an heir at law to the creator of the trust may be able to open a trust contest. If someone believes that a trust is procured by fraud or undue influence, they will likely hire a probate litigation attorney to assist them with filing a trust contest. If the individual has standing to do so, they can petition the courts and seek the justice they deserve as a trust beneficiary or as a rightful heir.
By taking proper care to draft your trust and by working with an experienced attorney who knows many of the most common pitfalls and areas of confusion that could lead to litigation, you can minimize the possibility of future trust contests. Contact our lawyers now to learn more about the process of creating a California trust and how to best protect yourself and your beneficiaries.
