Taking the additional step to include a trust in your estate planning can streamline things for your loved ones after you pass away. Finding a Pasadena estate planning lawyer to help you structure your entire plan can give you peace of mind.
However, there are certain situations that may arise leading to a beneficiary filing a trust contest in California. Trust contests are formal and legal challenges about the terms or the validity of an entire trust. There are four major reasons that a trust contest may be filed.
The first of these is allegations of improper execution, which would claim that the trust was not created in accordance with California law. The second reason is fraud, which involves a claim that the person who created the trust was misled into signing it or that other fraudulent actions influenced the terms inside the trust. The third common reason for a trust contest in California is undue influence, which includes claiming that the trustor was manipulated or coerced into creating or modifying a previous trust. Finally, someone may allege lack of capacity, which is a claim that the creator of the trust did not have the mental capacity to either create or amend that trust.
Because of the complexity involved in these situations, it is wise to discuss any concerns you have with your Pasadena area estate planning attorney. You can also take additional steps to minimize the possibility of trust contests, such as including a letter from a doctor that attests to your mental state. Working with an attorney and documenting your estate can greatly reduce the stress you feel about the future and can make things easier for your loved ones when it comes time to distribute assets.
