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No Contest Law in California

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hollimariposa

Junior Member
This applies to the State of California. My uncle died in Dec. 2009 and included a NO CONTEST clause in his Trust. My father is the executor of the will/trust and he and his older brother are the only beneficiaries. The older brother secured his own attorney************** first he said he was entitled to more not just half of the estate. He now is slandering my father through his attorney to my fathers attorney. My family would like to know when does the NO Contest clause go into effect. My father does not dispute the trust and wants only what his late brother wanted which was for each brother to get half. What can be done in these situations? How should we proceed? The attorney representing my father will not address this with him.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


tranquility

Senior Member
Unless there is a challenge filed, the clause is not implicated. Even if a challenge is filed, if filed under a safe-harbor statute to "clarify" the trust/will, the clause is not implicated.

You should have your own attorney to ask future questions of, as it seems like a fight is coming. The No Contest clause will not reduce the fight, but intensify it; as once the fight is on, it's ON.
 

Zigner

Senior Member, Non-Attorney
For the record, you should avoid accusing the brother of a crime when there is none. One cannot slander a dead person. However, your post could very well be libelous.
 

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