Legal Question in Wills and Trusts in California

Father Contesting Trust-What Grounds?

My grandparents established a trust in 1996. My sister, father, & myself are the beneficiaries. My grandfather died in 1999.

My grandmother added a codicil to the Trust three weeks before her death. This codicil did not change any distributions: It just changed the Trustee from my father to my sister & I as co-Trustees.

My father is threatening to contest the Trust. He is angry over the two of us doing the Trust business.

My question:

Don't there need to be very substantial grounds to contest a trust other than anger at who was named as Trustee or who his parents wanted to divide the property/assets between?

Also, there is a ''no contest clause'' in the Trust documents. Anyone who contests the Trust is entitled to $1.00.

Thank You.


Asked on 9/09/01, 7:10 pm

2 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Father Contesting Trust-What Grounds?

He needs specific grounds, such as undue influence or fraud, and very good proof of the grounds. If he talks this over with an attorney, he will probably be dissuaded if he has no proof.

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Answered on 10/29/01, 7:30 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Father Contesting Trust-What Grounds?

he does need specific grounds and it sounds like he does not have them.

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Answered on 10/26/01, 1:31 am


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