Legal Question in Wills and Trusts in California

Is there any way to get around the Probate Code which stipulates that a person only has 120 days to contest a irrevocable trust agreement? I was dealing with bereavement plus shock at my mothers death. Additionally I lack the knowledge of law and really didn't have the fight in me to deal with anything like fraud, etc. I eventually found the original trust agreement within my mothers belongings and now being almost a year later want to seek action to retrieve my money which was hoodwinked from me by the alledged trustee.

I have been told essentially "Oh well!" But nothing else like the Safe Harbor , etc., can help?


Asked on 9/14/09, 12:52 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

You might petition the court for declaratory relief to find out whether your proposed lawsuit would constitute a "contest." If the court decides that it's not a contest, but merely seeking to hold the trustee accountable for the money he frittered away, then the time limit might not apply.

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Answered on 9/14/09, 9:17 pm


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