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If you are facing a challenge with a trust that you believe you are a beneficiary of, you need an estate litigation attorney. There may be an issue with the estate, a contested will, or a dispute with the trust. No matter the issue, you and your attorney can work together to resolve the situation so you can obtain your rightful inheritance. Here is what you need to know:
How Do You Contest a Trust?
It is not uncommon to contest a trust if you believe you are not receiving the inheritance you thought you were. The first step you should take is to hire an attorney and talk about the issue you are having. Your attorney needs to determine the grounds on which you can contest the trust, such as lack of capacity or undue influence. You will need to provide all the documentation you have regarding the trust for your attorney to review. The next step is to prepare the petition to contest the trust. You may have to attend court if the issue cannot be resolved without hearings. You may have the option to negotiate the terms of the trust before you receive the results of the case.
When Can You Contest a Trust?
There are several instances in which you may contest a trust. Some common reasons for contesting a trust include fraud, undue influence, incapacity, or mistakes. Changing a trust under duress caused by caregivers or family members is another reason why many people contest a trust.
Can You Sue the Trustee?
A trustee is a person entrusted with managing a trust after a person passes away. They are to ensure the terms of the trust are carried out according to the wishes of the deceased. If the trustee fails to do this, they can be sued for breach of trust. This means they did not act in the best interest of the owner of the trust. The law states the trustee must act in good faith for the trust and its beneficiaries.
A breach of trust means the trustee cannot act in a way that does not put the trust first over anything else. A trustee is not allowed to dictate who receives what from a trust. They cannot make changes to the terms of the trust. They otherwise can be sued.
If you are the beneficiary of a trust and you think there has been a breach of trust or another issue with your inheritance, be sure to contact an attorney right away.
Reach out to an estate litigation attorney for more information.
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