Q: My uncle left me property in his rust, I transferred that property into my name. Now relatives are taking me to probate
To invalidate the trust and take the property. Can they do this ? It’s been 2 years and the property is in my name
A: More than likely, yes. Did you provide the contestants with notice of the trust as required by California Probate Code section 16061.7 when your uncle died? If not, there’s nothing to prevent the lawsuit from continuing until it’s resolved. There are many reasons why a trust may be invalid, including fraud, duress, mistake of fact or law, undue influence, or lack of capacity. These all involve questions of fact and sometimes the law. That’s what the court system is for. If you haven’t already, I would suggest you get a good probate attorney who can represent you.
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