The death of a loved one can be a challenging time. There are a lot of emotions involved, with different friends and family members coping in different ways. But this can be particularly true if anyone has questions about the decedent’s wishes or intent.
Trusts are supposed to help surviving loved ones navigate this tough road. Sometimes, however, questions about the trust can make things more complex. So who can actually challenge the validity of a trust? And on what grounds?
Not just anybody can contest a trust. Under the law, an individual must have legal standing in order to do so. Who has legal standing? Generally speaking, it’s any interested party that will be directly affected by the outcome of the proceedings. (This is a simplified explanation, however.)
When an interested party files a trust contest, it is usually because they have concerns – not necessarily about what they might or might not get, but potentially over how the trust was created. Common types of claims in trust contest cases include:
These types of issues may leave a trust legally invalid.
Trust contests can quickly become complicated, particularly if there are outside parties (such as a nonprofit expecting a gift) involved. Generally, the faster these cases can be resolved, the better. Once all questions are answered and the potential issues cleared up, everyone impacted can get back to their normal life.
Using the right estate planning tools is an important part of providing for your loved…
Property Dispute Attorneys Provide Assistance to Property Owners Property and landline disputes are common in…
Help with Probate Problems Serving as the Personal Representative of an estate is an important…
Non-Compete Contracts Signing a non-compete contract is a fairly common part of the onboarding process…
Update Your Will or Trust You don’t need to worry about your estate plan expiring,…
Estate Planning Estate planning can be a complex process when you have children. Many parents…