Trust Contests in California: Undue Influence, Capacity, and Other Challenges
By Dion Macbeth, California attorney
Trust disputes can divide families and delay administration. A careful review of the documents, timing, relationships, capacity evidence, and trustee conduct is necessary before deciding how to proceed.
Look at the circumstances around the change
Medical records, drafting attorney files, communications, dependency, isolation, unusual gifts, and changes that departed from a long-standing plan may all be relevant. Do not alter or remove estate documents.
Litigation is not the only path
A petition, accounting request, mediation, negotiated distribution, or trustee transition may resolve the dispute more efficiently than a full trial. Counsel can help preserve rights while exploring a durable solution.
Common Questions
Further Detail
It generally involves excessive persuasion that overcomes a person's free will and causes an unfair result, based on the specific facts and applicable law.
Potentially, depending on the trust terms, conduct, beneficiaries, and statutory grounds. A court petition may be required.
Legal Guidance
Discuss This Matter With Harrington Wells
Contact Harrington Wells to request an initial review. The firm will determine whether the matter falls within its current scope and capacity.
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