In some cases, people can file a lawsuit against a trust made by a recently deceased person. People usually contest the trust of close family members like parents or spouses. But contesting a trust has many requirements and facts you should know beforehand. Anyone contesting a trust must fulfill these requirements and follow the standard legal process.
Here are some things you must know when contesting a trust.
Challenging Evidence of Fraud and Forced Influence
The first thing you must know when deciding to challenge a trust is the evidence of fraud or undue influence. But how do you determine that there was fraud involved? If a trustor signed a document without understanding its meaning or without intending to sign the document, you could provide it as a piece of fraud evidence.
In addition, if someone is making amendments in the trust on behalf of the trustor without them knowing, that’s another fraud you can provide as evidence. However, people who commit fraud or force the trustor to make changes in a trust don’t leave evidence behind. Only contest a trust if you can provide the evidence or if you’re sure you can get the evidence through investigation. Probate courts don’t approve of gossip or word of mouth!
Contesting Lack of Mental Capacity
Another factor you can use to contest a trust is by proving the trustor lacked the mental capacity to make crucial decisions while creating or updating the trust. For instance, if the trustor has diseases like Alzheimer’s or dementia, a beneficiary can contest the trust in the probate court, stating that the disease impacted their capability to make the trust.
In such cases, the court evaluates whether the trustor knows the purpose and names in their formed trust or not.
Contesting a Trust Within 120 Days
After a beneficiary receives the notice of inheritance about a trust, they must file a lawsuit against it within 120 days. Once the 120 days are over, the court finalizes the trust and ensures that everyone receives their inheritance as mentioned in the trust.
However, we recommend hiring a probate attorney before filing a lawsuit against a trust. At Ledwidge and Associates, our probate attorney Brooklyn , probate attorney Queens helps you with everything probate-related, including guidance about contesting a will or a trust.
Get in touch with our probate lawyer in Brooklyn to know everything about contesting a trust in the court before taking the final step.
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