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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

    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.

    Trust Litigation Attorney

    Take away

    Establishing a trust is an essential step in guaranteeing one’s wishes are fulfilled after death. Unfortunately, disputes may occasionally arise among beneficiaries, trustees, or other parties involved in the trust. In such instances, hiring a trust litigation lawyer may be wise to protect your rights and interests.

    Working with a trust litigation lawyer is your best bet for getting the legal counsel and representation you need when disputing trusts. Whether you are the beneficiary, trustee, or other party involved in the trust, an experienced trust litigation lawyer can explain your legal options and guide you through the process of resolving the conflict.

    When looking for a trust litigation lawyer, ensure they possess extensive experience handling trust disputes and an in-depth knowledge of trust law. With the proper legal representation, you can protect your rights and interests while ensuring that all wishes are carried out according to your wishes and the terms of your trust agreement.

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    Hess-Verdon

    JOIN HESS-VERDON CHARITABLE GIVING PROGRAM

    We are excited to be able to offer 501(c)(3)’s the ability to accept charitable remainder trusts
    Learn more about receiving trust donations.

    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.

    RECENT POSTS

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    Top Orange County Probate Attorney When navigating the complexities of estate management, an Orange County probate attorney becomes your indispensable guide. Your peace of mind hinges on expert legal support during these intricate proceedings. With stakes this high,...

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    Hess-Verdon

    JOIN HESS-VERDON CHARITABLE GIVING PROGRAM

    We are excited to be able to offer 501(c)(3)’s the ability to accept charitable remainder trusts
    Learn more about receiving trust donations.

    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.

    RECENT POSTS

    Top Orange County Probate Attorney

    Top Orange County Probate Attorney When navigating the complexities of estate management, an Orange County probate attorney becomes your indispensable guide. Your peace of mind hinges on expert legal support during these intricate proceedings. With stakes this high,...

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    How Does a Trust Work? A trust is essential in ensuring that your assets are protected and that their distribution after you die is organized. Trusts are critical aspects of estate planning. A trust refers to a legal agreement where the trustor or settlor conveys...

    How to Get A Copy of A Trust Document

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    Does a Life Estate Override a Will? A life estate deed takes precedence over a will, ensuring that the property specified in the deed passes directly to the remainderman upon the life tenant's death, regardless of conflicting instructions in the will.Does a Life...

    Hess-Verdon

    JOIN HESS-VERDON CHARITABLE GIVING PROGRAM

    We are excited to be able to offer 501(c)(3)’s the ability to accept charitable remainder trusts
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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.