The Challenge of Contesting a Trust
They live with it, manage their assets according to its terms, and may even adjust it as their life changes. This creates a stronger presumption of validity for the trust, making it more difficult to contest.
Trusts are an excellent estate planning tool for Californians as they provide asset protection. Although someone generally can't bring a lawsuit against a trust, filing a claim against the trustee can occur.
George: It's not a disadvantage so much as a misconception that can keep people from setting up a trust, but people often mistakenly assume you need to have a lot of money to justify creating a trust. That's not true. A trust is a tool in the estate planner's toolbox—nothing more, nothing less.
Under California law, stealing trust assets with a value of $950 or less is a misdemeanor with a maximum jail sentence of 6 months. Embezzling trust assets worth over $950 is considered felony embezzlement, which can lead to a trustee going to jail for up to 3 years.
It is possible to dissolve an irrevocable trust, but it is much more complicated than dissolving a revocable trust. Typically, it requires the consent of all of the beneficiaries, paperwork has to be filed, and court approval may be required.
The most common penalty for a breach of fiduciary duty involves suspending or completely removing the trustee or executor, having them pay attorney fees and court costs, and having them return any stolen property. However, there can be more extensive and severe consequences.
At the end of the payment term, the remainder of the trust passes to 1 or more qualified U.S. charitable organizations. The remainder donated to charity must be at least 10% of the initial net fair market value of all property placed in the trust.
Establishing and maintaining a trust can be complex and expensive. Trusts require legal expertise to draft, and ongoing management by a trustee may involve administrative fees. Additionally, some trusts require regular tax filings, adding to the overall cost.
What Is 5 by 5 Power? A 5 by 5 power clause in a trust document gives the beneficiary the right to withdraw either $5,000 or 5% of the fair market value of the trust account per year, whichever is greater. This is in addition to the regular income payout benefit of the trust.
While trustees may temporarily be able to delay trust distributions if a valid reason exists for them doing so, they are rarely entitled to hold trust assets indefinitely or refuse beneficiaries the gifts they were left through the trust.
Who Can Sue for Breach of Trust? California Probate Code §16420 states that any beneficiary or co-trustee can file a petition alleging breach of trust in the probate court.
Brian won $78,600 and Julie received $63,600. Jake and Gaspare, who did not accept any offers, walked away with $48,600. In the final moments of the episode, the group toasted each other and made plans to visit Brian in Texas.
Depending on the complexity of the case, it may cost anywhere from a few thousand dollars to $100,000 or more to dispute the terms of a trust.
Who can void a trust? Under California Probate Code §17200, a trustee or beneficiary of a trust may petition the court to determine the existence of the trust. This means that any potential, current, or previous beneficiary can file a petition to void a trust, as can a trustee or co-trustee.
In order to gain someone's trust, you will have to earn it one action at a time. By consistently acting in a reliable way, you will show them that you can be trusted and depended on. As long as you repeatedly prove your trustworthiness with your actions, you will gain their trust over time.
Parents and other family members who want to pass on assets during their lifetimes may be tempted to gift the assets. Although setting up an irrevocable trust lacks the simplicity of giving a gift, it may be a better way to preserve assets for the future.
Rich people frequently place their homes and other financial assets in trusts to reduce taxes and give their wealth to their beneficiaries. They may also do this to protect their property from divorce proceedings and frivolous lawsuits.
Once your home is in the trust, it's no longer considered part of your personal assets, thereby protecting it from being used to pay for nursing home care. However, this must be done in compliance with Medicaid's look-back period, typically 5 years before applying for Medicaid benefits.
Suze Orman, the popular financial guru, goes so far as to say that “everyone” needs a revocable living trust.
There is no minimum
You can create a trust with any amount of assets, as long as they have some value and can be transferred to the trust. However, just because you can doesn't necessarily mean you should. Trusts can be complicated.
The Timeline for Challenging a California Trust
Once a beneficiary or heir receives this notice, they have only 120 days to contest the trust. If they wait more than 120 days, their challenge will be dismissed without consideration, and they will be forever barred from attempting another contest.
Under California law, embezzling trust funds or property valued at $950 or less is a misdemeanor offense and is punishable by up to 6 months in county jail. If a trustee embezzles more than $950 from the trust, they can be charged with felony embezzlement, which carries a sentence of up to 3 years in jail.
The trustee must send a written notice to the beneficiary to vacate the real property. Under California law, if the beneficiary has been in possession of the property for less than a year, then a 30-day notice is sufficient. If they've been in possession for more than one year, then a 60-day notice is required.
When trustees fail to follow the trust, they breach their fiduciary duty. This breach can have serious legal consequences. Beneficiaries can file a lawsuit against the trustee, seeking to remove them and recover any losses incurred due to the trustee's actions.