Trusts and Estates

Ca. Trs. & Estates Quarterly VOLUME 31, ISSUE 1, 2025

LITIGATION ALERT

Written by Michael S. Brophy, Esq., Craig S. Weinstein, Esq., Ann Kinsey Schu, Esq., Courtney A. Sorensen, Esq., Sara Z. May, Esq. and Kaetlyn Conolly, Esq.*

INTESTATE HEIRS HAVE STANDING UNDER PROBATE CODE SECTION 17200 TO CHALLENGE A TRUST INSTRUMENT.

Hamlin v. Jendayi (2024) 105 Cal.App.5th 1064

The First District Court of Appeal held that Probate Code section 17200 does not prohibit intestate heirs from challenging a trust instrument even if the intestate heirs were not beneficiaries under any prior estate planning documents. The Probate Code’s requirement that each intestate heir be given notice of the deadlines to bring a trust contest impliedly reflects an intestate heir’s ability to bring a trust contest.

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