How Long Do I Have to Contest a Trust After Someone Dies?
After a loved one passes away, the world can feel like it’s been turned upside down. Amid the grief and sorrow, the last thing you expect is to discover that their final wishes, carefully laid out in a trust, seem to have been betrayed.
A document appears that doesn't make sense, or a person you never trusted is suddenly in control of everything. This discovery adds a layer of confusion and anger to your pain.
If you find yourself in this situation, the most important question you can ask is: how long do I have to contest a trust? The answer is critical, because in California, your window to seek justice is incredibly short and strictly enforced.
- A "trust" is a legal arrangement where one person, the "trustee," holds and manages assets for the benefit of others, known as "beneficiaries."
- To "contest a trust" means to file a formal legal challenge in court, arguing that the trust, or a part of it, is invalid.
- The first and most vital step in protecting your rightful inheritance is understanding the deadlines. An experienced local will & trust contest lawyer is your only avenue for accurate information on deadlines and timeframes, so check before you make any decisions.
The Critical Clock: California's Statute of Limitations for a Trust Contest
In the legal world, almost every right to file a lawsuit comes with an expiration date. This deadline is called a "statute of limitations." Simply put, this is the maximum time to initiate legal proceedings after an event occurs.
If you miss this deadline, the courthouse doors can slam shut forever, regardless of your strong case. When it comes to a trust contest, the clock starts ticking when a specific legal event happens.
The law is designed to create finality. The courts don’t want the administration of an estate to drag on for a decade. This is why the deadlines are so unforgiving. Your path to contest a trust depends heavily on the actions of the trustee.
- If the Trustee Gives Formal Notice: The most common scenario involves the trustee sending a specific legal notice that starts a very short countdown.
- If the Trustee Fails to Give Notice: If the trustee stays silent or hides the trust, the rules are different, but it does not mean you have unlimited time to act.
The 120-Day Rule: The Most Common Deadline to Contest a Trust
The most important deadline to know is found in California Probate Code section 16061.7. This law requires a trustee to notify all beneficiaries and heirs of the deceased person after a trust becomes irrevocable, which usually happens upon the creator's death.
This isn't just a casual letter; it is a specific legal document with serious consequences. This "trustee notification" must contain very specific information to be valid. It must inform the recipient of the existence of the trust and provide the identity of the person who created it.
Most importantly, it must include a bold, explicitly worded warning that you have only 120 days from the date the notification is sent to file a lawsuit to contest the trust.
- The Clock Starts on the Day of Mailing: The 120-day countdown begins the day the notice is deposited in the mail, not the day you receive it.
- The Deadline is Absolute: If you receive a valid notice and fail to file a contest within those 120 days, you are generally barred from ever challenging the trust's validity.
- The Trustee’s Advantage: This rule puts a tremendous amount of power in the hands of the trustee. By sending this notice, they can force you to make a decision quickly.
What if I Never Received a Formal Notice from the Trustee?
This is a common and dangerous situation. A trustee who may have wrongfully influenced your loved one might try to keep the trust a secret, hoping you’ll never find out about your rights.
If you never receive a valid 16061.7 notice, the 120-day clock does not start. However, this absolutely does not mean you have an infinite amount of time to act. Waiting to contest a trust is one of the biggest mistakes a potential challenger can make.
If you wait too long, even without formal notice, a trustee can use a legal defense called "laches." This doctrine states that if you wait an unreasonable amount of time to assert your rights and that delay harms the other party, you can be blocked from moving forward.
Evidence can disappear like the morning fog rolling off the coast of La Jolla.
- Memories Fade: Key witnesses who could testify about your loved one’s mental state or the influencer’s coercive behavior may forget important details or become unavailable.
- Evidence is Lost: Crucial documents like medical records, bank statements, or prior versions of the trust can be lost or destroyed over time.
- Assets Can Be Spent: The longer a bad trustee is in control, the more time they have to spend, hide, or waste the assets in the trust. By the time you file your claim, there might be nothing left to recover.
Why You Must Act Immediately to Contest a Trust
The moment you feel that something is wrong with a loved one's trust, you are in a race against time. The deadlines are not the only reason for urgency. Taking immediate action is crucial for building the strongest possible case and protecting the assets that are rightfully yours.
Think of it as securing the scene of a crime. The more time that passes, the more difficult it becomes to piece together what truly happened. An experienced attorney can immediately begin the investigation and take steps to preserve the status quo.
- Preserving Evidence: A lawyer can send preservation letters and issue subpoenas to secure vital records before they are lost.
- Freezing Assets: In cases of suspected theft or mismanagement, your attorney can ask the court for a temporary restraining order to prevent the trustee from selling property or emptying bank accounts while the contest is pending.
- Gaining Leverage: Acting quickly shows the trustee and their lawyers that you are serious. It prevents them from digging in their heels and gives you a strategic advantage from the very beginning.
What Does It Take to Win a Trust Contest in California?
Filing your case before the deadline is just the first step. To successfully contest a trust, you must prove that it is legally invalid for a specific reason. Your personal belief that the trust is "unfair" is not enough.
You must present evidence to the court that proves one of the established legal grounds for a contest.
- Undue Influence: You must prove that the person who created the trust had their free will overpowered by a manipulator, causing them to create a trust that did not reflect their true wishes.
- Lack of Capacity: You need to show that the person was not of sound mind when they signed the trust. This could be due to dementia, severe illness, or the effects of heavy medication.
- Fraud or Forgery: This involves proving that the person was tricked into signing the document or that their signature was forged altogether.
Seizing Your Opportunity for Justice
The clock is ticking, and the stakes could not be higher. This is not a journey you should take alone. When facing a strict legal deadline and a hostile family member, you need a law firm built for this exact fight.
At Trust Law Partners, we are not just attorneys; we are aggressive litigators who focus on the most difficult and contentious trust and estate disputes. We understand the pain and betrayal you are feeling, and we are prepared to be your unwavering advocates.
We know that the person holding the assets has the financial advantage. They can use the trust's money to hire lawyers, while you are left wondering how you can possibly afford to fight back.
We solve that problem. Trust Law Partners takes on trust contest cases on a contingency fee basis. This means you pay us nothing upfront. We only get paid if we win your case and recover your inheritance.
We are so confident in our ability to fight for you that we are willing to invest our own resources to see your case through to a successful conclusion.
- We are trial-ready fighters who are not afraid of the ugliest family disputes.
- We combine relentless advocacy with the empathetic understanding that you are going through one of the most difficult times of your life.
- Our contingency fee model levels the playing field, allowing you to take on any opponent, no matter how well-funded they are.
Your opportunity for justice is now. Do not let a legal deadline rob you of your rightful legacy. Call Trust Law Partners today for a consultation. You can reach our Pasadena headquarters at (626) 956-3500 or our Silicon Valley office in San Mateo at (650) 502-6292.
Answering Your Urgent Questions About Trust Contest Deadlines
What if the 120 days have already passed? Am I completely out of luck?
While the 120-day rule is very strict, there can be rare exceptions. It is critical to speak with an attorney immediately to see if any apply to you.
- The Notice Was Defective: If the notice sent by the trustee did not contain all the legally required information (like the bold warning), it may be invalid, meaning the 120-day clock never started.
- Fraud Was Discovered Later: If you can prove that the trustee actively concealed a fraud that you could not have possibly discovered within the 120-day window, a court might allow a later filing. This is a very high bar to clear.
- You Were Incapacitated: If you lacked the legal capacity to act during the 120-day period, the deadline might be "tolled," or paused, but this is a complex legal argument.
Is the deadline to contest a trust the same as the deadline to contest a will?
They are very similar but operate in different legal arenas. Both typically involve a short window to act once a formal process begins.
- A trust contest deadline is usually triggered by the trustee's 16061.7 notice, which starts the 120-day clock.
- A will contest deadline is triggered when the will is admitted to "probate," which is the formal court process for wills. This also starts a 120-day clock to file a challenge.
- Because they are separate documents and processes, it's essential to have a lawyer who understands the nuances of both will and trust litigation.
Does filing the petition to contest the trust stop the trustee from spending the money?
Filing the petition is the first and most important step, but it does not, by itself, freeze the trust's assets. However, it opens the door for your lawyer to take immediate protective action.
- Once the lawsuit is filed, we can immediately file a request for a Temporary Restraining Order (TRO) and a preliminary injunction.
- This is a request for a court order that legally prohibits the trustee from selling property, making large withdrawals, or taking any action that would deplete the trust's assets while the case is ongoing.
- Getting this protection in place is one of the key reasons why it is so important to act quickly rather than waiting.
