Legal Question in Wills and Trusts in California
Hello, my father's trust states in the no contest clause that if any person contests in any court the validity of this trust or of a deceased settlor's last Will, or seeks to obtain an ajudication in any proceeding in any court that this trust or any of its provisions or that such will or any of its provisions or seeks otherwise to void, nullify or set aside this trust or any of its provisions then they receive nothing.
My sister acting as Trustee did not file the will to the county only the trust. She also took me to court to have me removed as a co-trustee. QUESTION- did my sister ajudicate by taking me to court and having me removed? How about not filing the will? Did she contest it? Thank you
2 Answers from Attorneys
This is impossible to answer without seeing the contents of the documents that were filed. You may contact me at 916-235-8700 to discuss the case.
It would depend on the specific wording of the no contest clause in the trust. Not filing a will for probate is not a contest.
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