How Long Do I Have to Contest a Will or Trust in California?
A will or trust contest isn’t easy. If you need to contest a will or trust, speak to estate litigation lawyers Los Angeles or a family law attorney Los Angeles as soon as possible so you don’t run out of time.
A will and a trust have different contest rules and statutes of limitations in California. Your probate attorneys Los Angeles can explain how these rules and deadlines apply in your case.
Contesting a Will in California
You can’t contest a will in California until someone offers the will for probate, which is the legal process for will validation. Under state law, a will is just evidence until the court admits it to probate.
Once someone files a probate petition, you can object to that petition to prevent probate and file a will contest. You will receive notice of the petition filing and can object at the first hearing. Then, the court will give you time to file your written objection and a will contest complaint.
You must fill out all court paperwork correctly and follow the court procedures to have a chance at a successful will contest. Work with trust and estate attorneys Los Angeles to ensure you are covering all of the legal bases.
It’s possible to contest a will even after probate. You have 120 days from when the court granted probate to file a contest.
Ideally, you should file your contest before the court admits the will to probate, since this validates a will you believe is invalid. If no one ever files a probate petition, your will contest deadline clock doesn’t start. Consult with probate attorneys Los Angeles for help if you’re in this situation.
Contesting a Trust in California
A trust contest is quite different from a will contest in California. Once a beneficiary receives notice from the trust’s overseer, the trustee, they have 120 days to contest the trust. The clock starts as soon as the notice is mailed. This is extended by up to another 60 days if the beneficiary asks for a copy of the trust. In either case, it’s wise to connect with trust litigation lawyers Los Angeles once you receive the notice.
Time is of the essence when you want to contest a trust, so reach out to trust litigation lawyers Los Angeles for help. If you don’t file a trust contest before your deadline, you will forever lose your right to contest that trust.
If you never receive notice from the trustee, your deadline for contesting the trust is open indefinitely. Still, you should talk to estate litigation lawyers Los Angeles right away. The court has the ability to stop your contest if you wait too long to bring it.
Whether you want to contest a trust or will, it’s best to file as soon as you can with the help of trust and estate attorneys Los Angeles or a family law attorney Los Angeles. The longer you wait to bring your contest, the more likely it is that you will lose valuable rights.