A loved one died and I need help! |
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 What estate planning documents did the loved one have? |
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| Do I need to file a probate? |
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| How do I manage this process when I live far away? |
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| The bureaucracy is holding everything up; what can I do? |
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| The person in charge is being secretive; what can I do? |
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 The will or trust was changed under suspicious circumstances; what can I do? |
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 Can I challenge a will or trust? |
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| How long do I have to challenge a will or trust? |
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| What if the estate plan has a "no-contest" clause? |
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A will or trust can be challenged even if there is a no-contest clause. The risk involved, however, is that if the no-contest clause is invoked, the challenger can be disinherited under the estate plan.
California law provides that certain proceedings, such as petitions to compel accountings, do not constitute challenges under a no-contest clause. In addition, a concerned party has an option to file a “safe harbor” petition that allows an interested party to obtain a court ruling on whether or not a particular challenge will invoke the no-contest clause. We are experienced with handling these sensitive matters and can help you analyze whether or not it makes sense to file a challenge to an estate plan. |
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