Can a Trust Be Contested

When Can a Trust Be Contested?

1. Lack of Capacity

A trust can be contested if the person who created the trust (the grantor) lacked the mental capacity to understand the trust’s nature, purpose, and consequences.

2. Undue Influence

A trust can be contested if someone exerted undue influence over the grantor, coercing them to create or modify the trust against their true intentions.

3. Fraud

A trust can be contested if the grantor was deceived or misled when creating the trust. This may involve false representations or concealment of relevant facts.

4. Mistake

A trust can be contested if the grantor made a mistake when creating the trust, such as misidentifying a beneficiary or misunderstanding the trust’s terms.

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Conclusion

In conclusion, a trust can be contested under specific circumstances, such as lack of capacity, undue influence, fraud, or mistake. To better understand your options and receive expert guidance on trust and probate litigation matters, contact Hess-Verdon & Associates.

FAQs

Can a trust be contested? 

Yes, a trust can be contested under certain circumstances, including lack of capacity, undue influence, fraud, or mistake.

What is the process for contesting a trust? 

Contesting a trust typically involves filing a legal action in the appropriate court and presenting evidence to support the claim that the trust is invalid.

How long do I have to contest a trust?

 The time frame to contest a trust depends on the jurisdiction and the specific grounds for the contest. It is crucial to consult with an experienced trust and probate litigation attorney to determine the appropriate deadline.

What happens if a trust is successfully contested?

 If a trust is successfully contested, the court may declare the trust invalid or modify the trust’s terms to reflect the grantor’s true intentions.

How can Hess-Verdon & Associates help with trust and probate litigation matters? 

With over three decades of experience in estate planning, business, and commercial litigation, Hess-Verdon & Associates offers unparalleled expertise, dependability, and sophistication in trust and probate litigation. Our commitment to delivering comprehensive, results-oriented legal counsel ensures that you receive the best possible guidance during difficult times. Contact us at 1-888-318-4430 to discuss your specific situation and receive expert advice on trust and probate litigation matters.