Legal Question in Wills and Trusts in California

Notification by Trustee

On Feb. 24, 2004, We recieved a Notification by Trustee and it says: You may not bring an action to contest the trust more than 120 days from the date this notification by the trustee is served upon you or 60 days from the day on which a cop of the terms of the trust is mailed or personally delivered to you in response to your request during that 120-day period, whichever is later. Do I have 60 or 120 days? I need time to get a attorney for undue influence or can I start the proceedings and then find an attorney?


Asked on 4/05/04, 7:39 pm

2 Answers from Attorneys

Michael Olden Law Offices of Michael A. Olden

Re: Notification by Trustee

If you have to ask that question should you have the common sense to know that you don't even know enough to file the right paperwork in a timely manner. You don't even know enough with the right paperwork he is in one has to say. Why aren't you instead of sitting in front of the computer screen waiting for free legal advice sitting in front of an attorney who can tell you what they are going to do for you because they are experts in probate/trust litigation. They can tell you whether or not you really do have a sufficient case and more importantly what the effect would be if you care to contest the trust and lose. More likely than not the trust contains a know contest clause which means you'll lose even bigger than you even understand. You poor soul. Why you're waiting around wasting time which may become precious time for the attorney you're screwing yourself, your position, your case and you don't even realize it. Keep watching that computer screen or do something smart and find an attorney who can give you the proper advice, with you like it or not.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.

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Answered on 4/05/04, 8:49 pm
Jill Zimmerman Law Office of Jill Zimmerman

Re: Notification by Trustee

Well, to put it in a nicer way: If you have things to object to in a trust, you should get an attorney. I don't like to give time estimations without seeing all the documents. Likely you have the full 120 days, but I don't know what, if any , other actions you may have taken. Be careful about no contest clauses. Get an attorney with experience in this area as soon as possible.

If my office can be of service, please do not hesitate to call.

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Answered on 4/06/04, 1:42 pm


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