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.

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.