COVID-19 Update: Sowards Law Firm is open and ready to serve clients during regular business hours. At this time, we are doing remote trust signings via Zoom/GoToMeeting, mobile notaries, and drive-up notaries. Please call us at (408) 371-6000 or use our online form to set up a teleconference. Watch this video to learn more.

Contesting a Trust

If a close friend or family member passes away, and they had a trust,you might expect you'll be included as a beneficiary.

It's the trustee's responsibility to provide notice to anyone who might be impacted.

But if you were not included, or actually disinherited, you may want to contest that trust, but California estate planning attorney Ben Sowards says time will be of the essence.

"You then at that point have 120 days to bring a legal challenge in court to that trust and say whether you're challenging it, whether you're going to fight it, whether you believe you should be a beneficiary, but it's critical that you being that challenge within 120, otherwise you've blown it, you blown the statute of limitations."

If you suspect you were removed or left out as a beneficiary as the result of: fraud or undue influence, questionable capacity or failure to follow trust provisions you may have a case.

Call California estate planning attorney Ben Sowards or visit