Contesting Revocable Trust Steps

Summary

To contest a revocable trust in San Bernardino, CA, identify grounds like lack of capacity or undue influence. Be aware of the 120-day limit, which starts upon receiving notice of the trust. Obtain trust documents and beneficiary information. Request the notice from the trustee to start the contest period. For anti-lapse statute and trust accounting, write formal requests citing relevant California Probate Code sections. Consult a trust litigation attorney for guidance.

Full Conversation

If i am a benificiary to a trust by the death of a benificiary and i am her known living issue, and oldest blood heir. When does the 120 day limit to contest the trust start?
The *-day limit to contest a trust in California begins once you have been served with a notice of the trust's existence and your right to contest it. Have you received such a notice yet?
No. Should i request it?
Yes, you should request it. The notice will officially start the *-day period for you to contest the trust, ensuring you have all necessary information and timelines to proceed.
Would you like details on how to request this notice?
Yes
To request a notice of the trust's existence and your right to contest it, you should:
*. Contact the trustee or the attorney managing the trust.
*. Submit a written request for a copy of the trust and notice of your rights.
Would you like a sample request letter?
Offical way to request a anti lapse statue be honered? And offical way to request trust accounting,
To request that an anti-lapse statute be honored and to request trust accounting, follow these steps:
*. Anti-Lapse Statute Request:
- Write a formal letter to the trustee, citing the relevant California Probate Code sections (e.g., Section *) and explaining your position as a beneficiary.
*. Trust Accounting Request:
- Send a written request to the trustee for a full accounting of the trust, as per California Probate Code Section *.
Would you like a sample letter for these requests?
Yes
Here's a sample letter template to request that the anti-lapse statute be honored and for trust accounting:
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[Your Name]
[Your Address]
[City, State, ZIP Code]
[Date]
[Trustee's Name]
[Trustee's Address]
[City, State, ZIP Code]
Subject: Request to Honor Anti-Lapse Statute and Trust Accounting
Dear [Trustee's Name],
I am writing to formally request that the anti-lapse statute be honored concerning the [Name of the Trust] as per California Probate Code Section *. As a known beneficiary and the oldest living issue, I believe this statute is applicable to my situation.
Additionally, I request a full accounting of the trust, as required by California Probate Code Section *. Please provide a comprehensive statement of the trust's financial activities, including distributions, expenses, and remaining assets.
Thank you for your attention to these matters. Please respond at your earliest convenience.
Sincerely,
[Your Name]
[Your Contact Information]
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Would you need any further assistance with this process?