Can a Family Member Contest a Trust?

Understanding Trusts and Trust Contests

First, let’s make sure you understand the basics of trusts and trust contests.

What is a Trust?

A trust is a legal arrangement where a trustee holds and manages assets on behalf of beneficiaries. Trusts can be either revocable or irrevocable, depending on the grantor’s wishes.

What is a Trust Contest?

A trust contest is a legal challenge to the validity of a trust, usually initiated by a family member or beneficiary who believes they have been treated unfairly.

Grounds for Contesting a Trust

Can a family member contest a trust? Yes, but only on specific grounds, such as:

Undue Influence

If you believe someone exerted excessive influence over the grantor to create or modify the trust in their favor, you may have a case for undue influence.

Capacity Issues

If the grantor lacked the mental capacity to create or alter a trust, you may have grounds to contest it.

Improper Trust Execution

Trusts must be executed following certain legal requirements. If these requirements were not met, you might have a case for contesting the trust.

How Hess-Verdon & Associates Can Help

Contesting a trust is a complex process. That’s why you need the right team by your side.

Experience and Expertise

With over three decades of experience in estate planning, business, and commercial litigation, Hess-Verdon & Associates offers unparalleled expertise in trust and probate litigation.

Results-Oriented Legal Counsel

We are committed to delivering comprehensive, results-oriented legal counsel. Our extensive background in trial preparation, strategy, and presentation ensures that we can tackle even the most challenging cases.

Comprehensive Support

Hess-Verdon & Associates provides comprehensive support to trustees, beneficiaries, business entities, and real estatepartners. Our dependable and sophisticated approach to trust and probate litigation ensures that your interests are protected throughout the process.

Conclusion

In conclusion, a family member can contest a trust under specific circumstances, such as undue influence, capacity issues, or improper trust execution. If you believe you have grounds for contesting a trust, don’t hesitate to contact Hess-Verdon & Associates at 1-888-318-4430 for guidance and support. Our team of experienced professionals is here to help you navigate the complexities of trust and probate litigation.

FAQs

1. How long does a family member have to contest a trust? The time frame to contest a trust varies depending on the state’s laws. It is crucial to act quickly to ensure you don’t miss the deadline for filing a claim.
2. What is the difference between contesting a trust and contesting a will? Contesting a trust involves challenging the validity of a trust, while contesting a will involves challenging the validity of a will. The grounds for contesting may be similar, but the legal processes and documents involved are different.
3. Can a family member contest a trust if they are not a beneficiary? In general, only beneficiaries or those who would have benefited under a prior version of the trust have legal standing to contest a trust. However, certain exceptions may apply depending on the specific circumstances of the case.
4. What happens to the trust assets while a trust contest is ongoing? During a trust contest, the trustee typically continues to manage the trust assets as per the trust terms. However, the court may issue orders to freeze the assets or restrict their distribution until the contest is resolved.
5. What is the cost of contesting a trust? The cost of contesting a trust depends on various factors, such as the complexity of the case, the attorney’s fees, and the duration of the legal proceedings. It is essential to consult with an experienced trust and probate litigation attorney to understand the potential costs involved.