What are the greatest advantages and disadvantages of a trust contest litigation? People always talk about the disadvantages of trust contests but rarely do people speak about the advantages of trust contest litigation in Los Angeles. When the litigation involving a trust ensues, it purports to come in a variety of ways
Trusts can be contested directly or by accident. Accidental trust contests come about when a person unknowingly takes a certain action which was deemed a contest under the terms of the trust. Years ago, there used to be a safe harbor petition in California, where someone could ask the Court whether a prospective act was deemed a contest. However, that code section has been repealed which leaves any person at risk and the mercy of their own actions with respect to trusts.
Some trusts have a no-contest provision which includes language that filing a creditor claim form in probate or in a trust can trigger the no-contest. It appears unfair that if a person paid a funeral bill of the decedent and filed a creditor’s claim, that he or she would potentially have to face a trust contest or will or estate contest in many cases.
So, to prevent an accidental trust contest, you first have to read the trust. Therefore, you must be prepared to go see an attorney specializing in trusts, but specially in trust contests to review the trust for you and to advise you of the ramifications of your potential actions. Once you have received the 160601.7 Trustee’s Notification, you must act quickly to get a lawyer. Don’t wait till two weeks before the expiration of the 120 notice period to think of getting advice. A lawyer needs time to review the trust and to consult with you.
What are some of the advantages and disadvantages of a trust contest litigation? One of the advantages of a trust contest is that it clarifies who is actually entitled to benefit from the trust. It next, clarifies whether any undue influence has happened. But, most importantly, it the end of a trust contest give closure to the heirs, beneficiaries and family members who may have felt like they have been wronged. The main disadvantages of a trust contest litigation are the cost and the time each case takes to resolution, but more importantly the impact it will have on the relationships.
When you are looking at the process of a trust contest, the process includes a petition to determine the validity or invalidity of a trust or amendment, followed by objections and reply to the objection to the trust contest. There are in fact many similarities between will contests and trust litigation which we will discuss in another article. Watch this video and think how it may relate to family trusts.
To further discuss trust contest litigation law with our Los Angeles attorney, call Mina Sirkin at 818.340.4479 or email us at Info@SirkinLaw.com for help with litigation of contested trusts in Los Angeles County.