Los Angeles Trust Contest Attorney
Challenging or Defending the Validity of a Living Trust
As living trusts have become more common as an alternative to a will, trust contests have become correspondingly more common in the Los Angeles County Superior Court. A trust contest challenges the validity of the trust document itself, or a specific amendment to it, typically after the trust creator's death when a beneficiary believes the document does not reflect that person's true, competent wishes.
The Law Office of Mitchell A. Port represents beneficiaries who believe a trust or trust amendment should be invalidated, as well as trustees and beneficiaries defending a trust's validity.
Common Grounds for a Trust Contest
The grounds for challenging a trust closely mirror those for a will contest: lack of capacity at the time the trust or amendment was signed, undue influence by someone in a position of trust over the settlor, fraud, forgery, or a failure to follow the formalities required for a valid amendment. Trust contests frequently arise when a late-in-life amendment dramatically changes prior distributions, particularly when the amendment coincides with a decline in the settlor's health or a new caregiver or companion entering the picture.
Standing and the 120-Day Deadline
When a trust becomes irrevocable, typically upon the settlor's death, the trustee is required under Probate Code section 16061.7 to send a formal notification to all beneficiaries and heirs. Once that notice is served, the recipient generally has only 120 days to file a contest, a significantly shorter window than many people expect. Missing this deadline can permanently bar a challenge, which is why we urge anyone who suspects a problem with a trust to consult an attorney as soon as they receive notice, rather than waiting.
How Trust Litigation Differs From Probate Litigation
Because a properly funded trust avoids the probate court process entirely, trust contests proceed as their own separate probate court petition rather than as part of a will's probate administration. This means there is no automatic court oversight the way there is in a probate proceeding, so beneficiaries often have to be more proactive about requesting information, such as a copy of the full trust document and prior amendments, before deciding whether grounds for a contest actually exist.
Frequently Asked Questions
What happens if I miss the 120-day deadline to contest a trust?
In most cases, missing the deadline permanently bars the contest, regardless of the underlying merits. There are limited exceptions, which is why prompt legal consultation upon receiving trustee notification is critical.
Can I contest just one amendment without challenging the entire trust?
Yes. It is common to challenge only the most recent amendment while accepting the validity of the original trust and earlier amendments, particularly when the disputed changes were made shortly before the settlor's death.
Call (310) 526-3433 promptly to discuss a trust contest with the Law Office of Mitchell A. Port.
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"I highly recommend Mitchell A. Port"Living outside California, I needed an attorney from the Los Angeles area to handle my difficult LA Probate case. I went online and fortunately found a very experienced Probate Attorney in LA named Mitchell A. Port. Mitchell took my Probate case and did an excellent job helping me navigate through the intricacies of the LA Court Probate system. He quickly responded to any questions I had and was extremely knowledgeable about the steps required to complete the entire Los Angeles County Probate process. I highly recommend Mitchell A. Port to handle any of your future needs concerning the LA Court Probate system.- Randall
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"Knowledgeable, Personable and Results-oriented"Mitch is a great attorney - knowledgeable, personable and results-oriented. He helped me work through a challenging probate issue and his expertise was invaluable in terms of moving the case forward. Two thumbs up and five stars from me.- Jason
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