Legal Question in Wills and Trusts in California
can an action to contest the trust be brought against a surviving trustee when 1/2 of the trust is now irrevoczble. Section 16061.7 Claifornia Probate code is cited.
Asked on 10/15/09, 10:19 pm
1 Answer from Attorneys
Aaron Feldman
Feldman Law Group
Your question does not contain enough facts to really offer much of an answer. For example, many actions against a trustee are not actually considered a "contest". That term has a highly technical definition. Requesting an accounting or requesting the trustee do what the trust was established for are not contests, although they re legal actions against the trustee. In addition, the trustee has fiduciary duties to the beneficiaries and potential personal liability. If you are the trustee, I strongly advise meeting with an attorney to go over all of the facts.
Answered on 10/16/09, 12:13 pm