Legal Question in Wills and Trusts in California

What you are talking about is NOT contesting the trust. Instead, you are questioning the manner in which the trustee is acting, i.e., you are claiming that the TRUSTEE is failing to meet her obligation as trustee and failing to follow the requirements contained in the trust document. Thus, I would doubt that the no-contest clause would come into play.

However, what you really need to do is have the trust documents reviewed by an attorney to determine whether the trustee is following the trust or whether the trustee properly has discretion to do what they want with respect to making payments as you would like.

If it turns out that she is violating the trust agreement it is possible to seek to have her removed from that position. Again, that would not be violating the no-contest provision.

Let me know if you have any questions in this regard.

Caleb

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