Trusts are one of the most popular estate planning vehicles because they allow you some level of control over how your assets are distributed. However, there may be some situations in which the beneficiary of a trust could be contested. The more you understand about this possibility, the more steps you can take with your Pasadena estate planning lawyer to limit the possibility of a trust contest.
A trust document may have been altered to benefit one beneficiary at the expense of other individuals. These beneficiaries may suspect undue influence or fraud in the creation or revisions of a trust, which may enable these parties to open a trust contest. Trust contests can be extremely complex and require the insight of an experienced attorney.
A trust contest lawsuit can be filed in California probate court, and it is the responsibility of the filing party to state the basis for challenging the trust as well as providing additional evidence. Records must be used in order to show a reason why the beneficiary believes that the trust has been procured or revised by fraud or by undue influence. If a beneficiary believes that the individual who created or amended the trust was coerced into creating it or unduly pressured, this could lead to a trust contest. Furthermore, a beneficiary may allege that the person creating or amending the trust was not mentally competent at the time of their signature.
It can be very difficult and time-consuming for someone to challenge a trust, but this can leave your other beneficiaries in the challenging position of waiting for the issue to be resolved in court.
By taking proactive steps and working with our Pasadena estate planning lawyers, you can reduce the possibility, delay, and expenses associated with a trust contest. Communicate with our attorneys today to discuss your potential concerns.
