Here is a blog post draft based on the case details and core message provided.
******
# Hamilton v. Green: The 120-Day Deadline to Contest a California Trust
In the world of California trust litigation, deadlines are strict and unforgiving. A recent appellate court ruling, *Hamilton v. Green*, serves as a stark warning to beneficiaries and heirs: if you wish to challenge a trust, you must act within the statutory window. Attempting to disguise a trust contest as a different type of lawsuit later will not save your claim from being dismissed.
Here is a breakdown of the case and what it means for trust disputes in California.
### The 120-Day Rule
Under California Probate Code section 16061.8, a person who wishes to contest a trust generally has 120 days from the date they are served with a formal trustee notification (pursuant to section 16061.7) to file their contest. Once this deadline passes, the trust terms are usually cemented, and challenges are time-barred. from the date they are served with a formal trustee notification (pursuant to section 16061.7) to file their contest. Once this deadline passes, the trust terms are usually cemented, and challenges are time-barred.
### The Case: *Hamilton v. Green*
In this case, a Settlor (the person who created the trust) originally set up her estate plan so that if either of her two children died before her, that child’s share would pass to their own children (the Settlor’s grandchildren). However, she later signed an amendment changing the terms: now, if one child died, the *surviving* child would inherit the entire estate, effectively cutting out the grandchildren of the deceased child.
The Settlor’s son passed away before her. When the Settlor eventually passed, the Trustee sent the required legal notification to the heirs. This notice triggered the 120-day countdown to contest the trust.
### The Strategy: Filing a “Civil Complaint” Instead of a Contest
The grandchildren of the deceased son waited until *after* the 120-day period expired. Realizing they missed the deadline for a traditional trust contest in probate court, they filed a civil complaint instead. They alleged various wrongdoings, including:
* Interference with inheritance rights
* Conversion
* Breach of fiduciary duty
They argued that because these were civil torts and not a direct “contest” of the trust in probate court, the 120-day deadline shouldn’t apply.
### The Court’s Ruling: The “Practical Effect” Test
The Court of Appeal rejected the grandchildren’s argument. The court looked past the labels placed on the lawsuit and examined the practical effect of the complaint. of the complaint.
To win on claims like “interference with inheritance” or “conversion,” the court would first have to determine that the trust amendment—which disinherited them—was invalid. Therefore, regardless of what the lawsuit was called, its *practical effect* was a challenge to the validity of the trust instrument.
Because the lawsuit was, in substance, a trust contest, it was subject to the 120-day limitation. Since the plaintiffs filed after the deadline, their case was dismissed without leave to amend.
### Key Takeaways for Beneficiaries and Heirs
1. The Clock Starts Immediately
Do not ignore the Notification by Trustee. The moment you receive notice under Probate Code section 16061.7, the 120-day clock begins.
Do not ignore the Notification by Trustee. The moment you receive notice under Probate Code section 16061.7, the 120-day clock begins.
2. Substance Over Form
California courts will look at the heart of your legal claim. You cannot bypass the probate code deadlines by labeling your lawsuit as a civil tort (like fraud or interference) if the core issue requires invalidating the trust.
California courts will look at the heart of your legal claim. You cannot bypass the probate code deadlines by labeling your lawsuit as a civil tort (like fraud or interference) if the core issue requires invalidating the trust.
3. Delay is Fatal
If you suspect undue influence, lack of capacity, or fraud regarding a trust amendment, you must investigate and file within the statutory window. Waiting creates a high risk of losing your inheritance rights permanently.
If you suspect undue influence, lack of capacity, or fraud regarding a trust amendment, you must investigate and file within the statutory window. Waiting creates a high risk of losing your inheritance rights permanently.
### Contact Us for Assistance
Trust litigation involves complex statutes and strict timelines. If you have received a trustee notification or have concerns about the validity of a trust amendment, you need to evaluate your options immediately.
For legal assistance and to evaluate your case:
* Visit: cpt.law
* Call: (866) 674-1130 (866) 674-1130
*Disclaimer: This article is for informational purposes only and does not constitute legal advice.*