Challenging Trust And Inheritance
Summary
If you believe there was undue influence, lack of capacity, fraud, or improper disinheritance, you can contest a trust in California by filing a petition in probate court. Filing a lis pendens can help stop the sale of the property until the legal dispute is resolved. Engaging an attorney specializing in trust and estate litigation can improve your chances of success.Full Conversation
California
I'm sorry for your loss and the difficult situation you're in. In California, you may have grounds to challenge the trust or the sale of the house. Here are some steps you can consider:
- Contest the Trust: If you believe there was undue influence or improper disinheritance, you can file a petition to contest the trust in probate court.
- Lis Pendens: Filing a lis pendens can help stop the sale of the property until the legal dispute is resolved.
Would you like more information on how to file a petition or lis pendens?
More information about my situation
It sounds like you may have a potentially strong case to contest the trust and the sale of the house. Here are some more detailed steps you can take:
Contesting the Trust:
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Grounds for Contest: You can contest a trust if there was undue influence, lack of capacity, fraud, or improper disinheritance.
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Filing a Petition: You can file a petition in the probate court where the trust is being administered. This process involves submitting a formal legal document outlining your claims.
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Legal Representation: Engaging an attorney who specializes in trust and estate litigation can significantly improve your chances of success.
Filing a Lis Pendens:
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What is Lis Pendens: A lis pendens is a written notice that a lawsuit has been filed concerning real estate, involving either the title to the property or a claimed ownership interest in it.
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How to File: To file a lis pendens, you need to draft and submit a notice of pendency of action to the county recorder where the property is located. This notice effectively puts a hold on the sale or transfer of the property until the legal dispute is resolved.
Los Angeles County Superior Court
Phone: (*