Can a Trust Be Invalidated in California?

Grounds for Invalidating a Trust in California

Undue Influence

Undue influence occurs when someone manipulates the trustor (the person who created the trust) into creating or changing a trust in a way that benefits the influencer. This manipulation may involve coercion, threats, or taking advantage of the trustor’s vulnerability.

Lack of Capacity

A trust may be invalidated if the trustor lacked the mental capacity to understand the trust’s nature and consequences when it was created. Conditions such as dementia, Alzheimer’s, or being under the influence of drugs or alcohol could lead to a lack of capacity.

Fraud or Forgery

If a trust was created or altered based on fraudulent information, misrepresentation, or forgery, it could be invalidated. This may include situations where the trustor was deceived or misled into signing a trust document.

Violations of California Trust Law

A trust may be invalidated if it violates California trust law. For example, if a trust was not properly executed or does not comply with the legal requirements for a valid trust, it could be deemed invalid.

Seeking Legal Counsel from Hess-Verdon & Associates

If you suspect that a trust should be invalidated or you are facing a trust dispute, it is crucial to seek the guidance of experienced trust and probate litigation attorneys like Hess-Verdon & Associates. With over three decades of experience in estate planning, business, and commercial litigation, we offer unparalleled expertise and a commitment to delivering comprehensive, results-oriented legal counsel. We have an extensive background in trial preparation, strategy, and presentation, and we proudly serve trustees, beneficiaries, business entities, and real estate partners. Contact us at 1-888-318-4430 to discuss your case and receive expert advice on trust and probate litigation matters.

Conclusion: Protecting Your Rights and Interests

Invalidating a trust in California can be a complex process, requiring a thorough understanding of the legal grounds for contesting a trust. At Hess-Verdon & Associates, we have the knowledge and expertise to help you navigate the intricacies of trust and probate litigation, protecting your rights and interests. 

FAQs

Q: How long does it take to invalidate a trust in California?

A: The timeline for invalidating a trust can vary significantly depending on the complexity of the case, the grounds for contesting the trust, and the court’s schedule. In some cases, it may take several months or even years to resolve a trust dispute.

Q: Can I challenge a trust if I am not a beneficiary?

A: In California, individuals with a financial interest or legal standing in the trust, such as heirs, creditors, or other interested parties, may have the right to challenge a trust. Consult with an experienced trust and probate litigation attorney to determine your eligibility.

Q: What is the statute of limitations for contesting a trust in California?

A: In California, the statute of limitations for contesting a trust is generally 120 days from the date the trustee sends a Notice of Irrevocability to the beneficiaries or other interested parties. However, specific circumstances may affect this deadline, so it is crucial to consult with an attorney as soon as possible.

Q: What happens if a trust is invalidated?

A: If a trust is invalidated, the assets may be distributed according to a previous valid trust or the intestate succession laws of California if no other valid trust exists. The specific outcome will depend on the circumstances of the case.

Q: How much does it cost to contest a trust in California?

A: The cost of contesting a trust can vary depending on the complexity of the case, the attorney’s fees, and other expenses, such as court fees and expert witness fees. It is essential to discuss your case with an experienced trust and probate litigation attorney to get an accurate estimate of the potential costs.