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 9/13/09, 11:20 pm

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

You have 120 after the trustee serves notification to you. If the trustee never served you notification of the the existence of the trust and his intention to administer the trust, then you may still be able to contest the validity of the trust. Even if you are beyond the time to contest the valididty of the trust, if you are a beneficiary of the trust, you may still be able to contest the distribution under the trust. Be advised, however, that other statutes of limitation arise one year after the death of the settlor. So if you are going to act, you need to act quickly.

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Answered on 9/18/09, 9:15 pm


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