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December 22, 2014 | General |

Should You Challenge a Trust

When it comes to dividing an individual’s assets at the end of one’s life, people often use either a will or a trust.  While trusts and wills are similar in certain ways, there are a few major differences between the two.

First, when a will is administered through probate, the distribution of assets must be administered by the court. A trust, on the other hand, can be administered by a “trustee”. Due to the fact trust are not probated, beneficiaries of trusts may receive their assets more quickly than beneficiaries of wills.

Additionally, trusts can also provide certain stipulations for how and when the beneficiaries are to receive their inherited assets.

Trusts are similar to wills in that they can be contested in the same fashion as wills.  If you’re considering contesting a trust, it’s important to speak to a qualified and knowledgeable attorney who will be able to guide you through the process.

Contesting a Trust: What You Need to Know

In many ways, the steps that one must take in contesting a trust are similar to the steps involved in contesting a will. As with wills, there are a number of reasons why a trust could be contested.  These include:

  1. Improper execution of the trust (e.g., failure to acquire the proper signatures, witnesses, or other legal requirements at the time the trust was executed);
  2. “Lack of capacity” (meaning that the grantor was not mentally capable at the time that the document was created); and
  3. “Undue influence” (meaning that the grantor was pressured into drafting the trust or certain provisions in the trust).

If you are dealing with a trust that you feel meets any of the above criteria, you may be in a position to contest the trust. However, even if your case for contesting is sound, each of these points carries a number of additional implications and legal issues and an experienced attorney is required to navigate them.

If you believe that a trust is invalid, take the next step and contact a knowledgeable local lawyer who will be able to walk you through the process of contesting the trust.  Contact Wintter Law today to discuss your options.

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