Petition to Determine Invalidity of Trust or Amendment

In California, if a beneficiary of a trust believes that the circumstances around the execution or signing of a trust or amendment were unusual, a beneficiary or heir at law can petition the court to determine that the trust or amendment is invalid.

What are the grounds for the court to invalidate a trust or amendment?

If you would like to know how to invalidate a trust amendment, you must first be able to determine if there are sufficient grounds to do so.  The grounds are factual basis or reasons for the court to set aside the trust or amendment.   Some of the grounds are lack of capacity, undue influence, forgery or fraud, among others.   The trust instrument can contain a no contest clause which bears on what is considered to be a contest if you file such a petition to invalidate the trust or amendment and you lose.  This is a risk by the person who files such a petition which should be evaluated before filing.

How can a trust litigation attorney help in Trust Petitions?

A trust attorney can start the negotiation for settlement of a case long before filing any petition.  However, once a Trustee’s Notification (called Probate Code 16061.7 Notice) has been given, the time period for filing a trust contest is very limited.   If you receive such a notice from a trustee, you must immediately act to have the trust reviewed with a competent trust litigation attorney.

Why hire Sirkin Law Group as your trust litigation lawyers in Los Angeles?

We have over 25 years of experience in Los Angeles Probate and Trust Litigation matters. Our trust litigation attorney is Board Certified as a Specialist in Probate,Trust Law and Estate planning.   Our firms does not practice other types of law.   We are dedicated to trusts, estates and conservatorship and appear in our local Los Angeles Probate Court several times per week.  Mina Sirkin has been a legal expert to many media outlets such as CNN, MSNBC, Inside Edition and others regarding trusts and celebrity inheritance disputes.   We keep up with all California and local probate and trust laws in Los Angeles .  We have recovered millions of dollars in inheritances from trusts and are well-versed in financial elder abuse cases.   Call Mina Sirkin, 818-340-4479 in Los Angeles for a complimentary Trust Litigation consultation .