Legal Question in Wills and Trusts in California
I live outside of California where my mother's estate will be probated. My funds are very limited, but I believe I need to dispute the Codicil to her Will and the Amendment to her Trust in a court of law.
How do I go about starting this process? How much time do I have to contest? Can I file a lien (Lis Pendens) against the trust/assets? And, finally, is the trust impervious to such an action on my part?
1 Answer from Attorneys
Why do you believe you "need" to dispute the Codicil to he will and amendment to her trust?
Generally, you have about 120 days from the date you received notice of the will and trust from the trustee. When probate is filed, or if you want to file probate, you can contest the will. But, since there is a trust, probate will probably not be filed. In that case, you can file a petition with the probate court where your mother last lived and contest the trust.
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