Contested Trusts

disputing the validity of a Trust's terms or the actions of the Trustee
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Contested Trusts Attorney In San Diego, California

Understanding the Grounds

In San Diego, California, the grounds for contesting a Trust are similar to those for contesting a Will. An interested party can file a petition with the court if they believe that the Trust's terms or the Trustee's actions are in violation of the legal requirements or the Trustor's intent. Legal standing to contest a Trust means that you must be someone who would be directly affected by the outcome. For instance, someone who has been excluded from a Trust or believes they have been treated unfairly can contest the Trust and have their case heard in court.

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The Importance of Proving Testamentary Capacity

One of the main factors in a Trust dispute is the Trustor's mental state at the time of creating the Trust. Probate Code section 810 sets out the conditions for determining whether a person has the capacity to create a Trust. However, there is no clear-cut answer to the question of what level of understanding a person needs to execute a Trust. Judges rely on various sources of evidence to make this determination, including expert testimony, medical records, and the Trustor's statements and actions. Proving a lack of testamentary capacity can be a challenging and time-consuming task, but it is crucial to contesting a Trust.

Resolving Trust Disputes through Mediation and Litigation

When a Trust dispute arises, it is generally advisable to try to resolve the issue without going to court. Mediation is a popular alternative to litigation, where the parties work with a neutral mediator to come to an agreement. Mediation can be faster and less expensive than going to trial, and it allows the parties to control the outcome of their dispute. However, in some cases, mediation is not successful, and the parties must seek a resolution through litigation. During the litigation process, the parties will present their arguments and evidence to a judge, who will make a ruling on the contested issues. Litigation can be a more lengthy and costly process, but it may be necessary to protect your rights and interests in the Trust. Contact The Stone Law Group for a consultation today to get in touch with an experienced probate attorney.

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