Legal Question in Wills and Trusts in California
No Contest Clause
We have a judgement against my father (recently passed away) and step-mother-in-law. In the Trust it states that: ''If any devisee, legatee or beneficiary under this trust, or any legal heir of the settlors or person claiming under any of them direct or indirectly files any creditor's claim in a settlor's estate (without regard to the validity of the creditor's claim), then in that even settlors specifically disinherit each such person, and all such legacies, bequests, devises, and interest given under this trust to that person shall be forfeited as though he or she had predeceased the settlors without issue. Further, if any of either settlor's children shall do any of the things referred to in the preceding sentence, then any legacy, bequest, devise or other interest which would otherwise pass to his or her children shall likewise be forfeited''. Is this legal?
1 Answer from Attorneys
Re: No Contest Clause
Thanks for your posting, and apologies for the length of time it took for you to get a response.
YES, no contest clauses are legal and are very common in the language of a trust. That only means you can't challenge the formation of the trust, and doesn't mean, however, that you may not have a claim to items outside of the trust, or may not receive something from the trust.
I hope this helps, and if you need legal representation, or have further questions, please feel free to call me anytime, toll free, at 1-877-568-2977, or email my office.
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