What Is the Process of Contesting a Living Trust?
A living trust (also called an “inter vivos” or “revocable” trust) is a file that permits an individual to place his or her assets into a trust throughout life so that those assets can be dispersed to designated beneficiaries by a picked agent upon death.
Roughly 20 percent of Americans have living trusts. Living trusts have some advantages compared to wills, such as helping avoid probate, potentially saving loan and protecting privacy. The terms of living trusts can be contested or challenged in state court. What is the procedure of objecting to a living trust, and how can a recipient fight back when a living trust is contested?
When somebody decides to contest a trust document, she or he need to file a lawsuit in a state court of probate. This individual needs to have standing to take legal action against, indicating that she or he has some interest in the outcome of the case. There are a variety of reasons a person might contest a living trust. One of the most typical includes the frame of mind of the trust grantor. No matter where you are in the United States, trust grantors should be mentally skilled at the time of the development of trust files. Often, individuals will object to living trusts by claiming that the grantor was experiencing some sort of mental health problem or otherwise incapacitating mindset at the time of the creation of the file, implying that the document is void. These individuals might look to medical records or professional statement to prove that the grantor was not mentally sound at the time of a trust’s creation.
Another common factor individuals might object to a living trust involves undue impact over the trust grantor. If the grantor undergoes pressures by individuals capable of exerting excessive impact over his or her choices, others who have interest in the result of the case could bring a lawsuit to contest the living trust. In these cases, a person may argue that the grantor produced a trust or modified the conditions of a trust in a manner in which is contrary to his/her actual dreams as a result of pressure from another person. Typically, a caretaker is accountable for unnecessary impact, although other people might also be responsible.
If a person has the ability to convince a court of probate to revoke the regards to a living trust or a trust modification, then the possessions are dispersed according to the prior will or trust, if one exists. If there is no other will or trust, then the state must disperse the property and properties contained within the trust according to intestate succession laws, which supply a general framework on how to disperse a decedent’s estate in the absence of a will.