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Guidelines: Beneficiary Representation

Beneficiary Representation

BENFICIARY RIGHTS

As a beneficiary, you are entitled to transparency.  Staying reasonable is essential as it pertains to the Trustee.  You have rights!

Beneficiary Representation

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Beneficiary Rights - Can a Family Trust be Contested

Contesting a Trust

The above questions are just a few questions to go over with a Trust Attorney. So let’s start with the most asked question. “If the Grantor/Settlor/TrustMaker is still alive and it’s a Living revocable Trust, as a beneficiary, can I contest the trust?” You have no say in the matter as long as the Trustor is of sound mind, and no other underhanded event has taken place. Note: The Trustmaker can even dissolve the Trust! 

Now, here is where it gets convoluted. Negatively influencing the Trustmaker where there was undue influence can be a reason to sue the Trust. Where forgeries may exist, if you can prove it via signature authentication, then you can sue the Trust. Yes, a revocable Trust is contestable, and you will need to file a lawsuit.

So again, if the Family Trust is one where the Trustmaker is still alive, then you need to prove the following:

  • The Trustor is not of right mind: Dementia is a factor, for example.
  • The Trust is defective: Under state law, the signing of the Trust document shall be signed in the presence of two witnesses, signed by the two witnesses, and that the two witnesses are not beneficiaries of the Trust.
  • Undue Influence: There was pressure applied on the Trustor to act out of character.

Lastly, learn more about theft from and estate before inventory

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Can a Revocable Trust be Contested

Let’s go over when a family trust can be contested.  

A quick note:  Have an expert Trust Litigation Attorney help you before commencing to create a stir with the Trustee.  

There are provisions, like the “no contest provision,” which states that if you contest the Trust, and you lose, you will be disinherited in full. For example, if you were to get $10,000.00 as a beneficiary or heir, and you lose the contest in court, you will receive $0.00. Now, this is not to say to give up if you know something is not right; for example, you feel there was undue influence on your family member. Undue influence is an act of influencing the Trustmaker in a direction they would not have taken but felt compelled due to some unforeseen threat.

With all that said, A Trust can be contested by petitioning the court to invalidate the Trust.  

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ADDRESS

Hess-Verdon & Associates, PLC
620 Newport Center Drive Suite 1400
Newport Beach, California, 92660
Office: (949) 706-7300 
Toll Free: (888) 318-4430

Copyright © 2022 Hess-Verdon, PLC. All rights reserved. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. The verdicts and settlements listed on this site are intended to be representative of cases handled by Hess-Verdon & Associates, PLC. These listings are not a guarantee or prediction of the outcome of any other claims. The information contained on this website is not tax or legal advice and is not a substitute for such advice. State and federal laws change frequently, and the information in this article may not reflect your own state’s laws or the most recent changes to the law. For current tax or legal advice, please consult with an accountant or an attorney.

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620 Newport Center Drive Suite 1400
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Office: (949) 706-7300 
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Copyright © 2022 Hess-Verdon, PLC. All rights reserved. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. The verdicts and settlements listed on this site are intended to be representative of cases handled by Hess-Verdon & Associates, PLC. These listings are not a guarantee or prediction of the outcome of any other claims. The information contained on this website is not tax or legal advice and is not a substitute for such advice. State and federal laws change frequently, and the information in this article may not reflect your own state’s laws or the most recent changes to the law. For current tax or legal advice, please consult with an accountant or an attorney.

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