Legal Question in Wills and Trusts in California

Are you accepting validity of a trust by accepting a wedding ring, that was NOT itemized in said trust for individual beneficiaries to receive, or by cashing a disbursement check for five thousand dollars, that has been given from the "trustee?" How long does a beneficiary have to dispute the validity of a trust, and how does one begin, with no funding, when that beneficiary feels the trust is invalid (scribed during possible medical incompetence and additional signs of possible elder abuse involved) and if an unlawful distribution of assets has already occurred, what should a beneficiary do? Also, we have requests from the Attorney, medical records of the deceased, basically been denied, and so have limited tools to validate trust & unsure if trust is even filed with courts!? How to best proceed when I feel I'm being robbed out of maybe over a hundred thousand dollars but have not a penny to spend on an attorney for representation??


Asked on 2/04/13, 8:32 pm

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

The trust document will not be filed with the court, unless there is a challenge to the trust. The attorney involved is following normal practice in not filing the trust document with anyone. Of course, you have a right to a copy of the trust as a beneficiary.

It is not possible to say how long you have to file a challenge to the trust. I would certainly argue that accepting the distribution is consent to the trust's validity if I were the lawyer handing the trust, but there is no assurance that the argument will prevail in court.

If your case is strong and the amount involved is over $100K as you suggest, then you should be able to find an attorney who will represent you on a contingency basis, with payment coming out of a final trust settlement. You may wish to contact lawyers on this site, to see if they will at least have a consultation with you. Many will do so free of charge.

I do not recommend filing a trust challenge by yourself. You significantly increase your odds of losing by not having a lawyer, as well as increase the risk of monetary penalties being imposed by the courts against you for not following the rules.

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Answered on 2/05/13, 1:52 am


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