Tampa Estate Planning Lawyer on What You Should Know About Contesting a Trust

A trust is typically contested through a civil lawsuit that questions the legality of a trust that was arranged by the now-deceased. Frequently that deceased loved one is a parent, and the aggrieved person is a child. The trust contest usually aims to void the trust altogether.

Grounds for Contesting a Trust

Most of the time, trusts are not contested after being administered. However, legal challenges do sometimes still occur. The legal grounds to try to challenge them are as follows:

• The loved one who established the trust lacked the mental competency or capacity at the time it was created.
• There was undue influence or coercion used to get the decedent to create the trust or trust terms that are in question.
• The trust was fraudulent, such as through a forgery or deception, and the deceased never intended for it to occur.
• The decedent revoked the trust and had actually executed or intended a new one to exist.
• The decedent was physically or emotionally abused by someone who stood to benefit from the trust, and this played a role in its creation or amendment.
• The trust failed to meet the necessary signature requirements.

How To Contest a Trust

• You must have standing, i.e., be an interested party to the trust, such that you have a financial share in the assets.
• Consult an experienced attorney well-versed in trusts and litigation contesting trusts.
• Obtain a copy of the trust in question and do so in a timely manner.
• Gather all necessary evidence to prove your case that the trust should be invalidated.
• File your claim within your jurisdiction’s statute of limitations for contesting a trust.

Should I Contest a Family Trust?

There is no simple answer to this question and it is best to consult with an attorney who specializes in these types of cases. With that said, a general rule to follow is that a trust is worth contesting if it goes against the wishes of your deceased loved one. Often, family members are not made aware of the trust or its terms, as sometimes happens with a will, until after their loved one has passed away.

Did your loved one suffer from dementia or another disease that affected their mental competency, such as Alzheimer’s? Sometimes elderly loved ones, who may be dependent on another’s care when suffering from these or other ailments, fall victim to someone who exploits that dependency for profit by placing excessive pressure on them to change the terms of the trust.

In other cases, the trust may just not be to the liking of another family member because they do not have valid grounds to contest the trust and are unable to prove their case. 

Contact a Tampa Estate Planning Lawyer to Help 

Most attempts to contest a trust are fact-specific, so while the above information highlights the common grounds for most trust contests, you should still consult with an experienced. Tampa estate planning lawyer to evaluate your circumstances. A lawyer experienced in these types of disputes can help you either create a legally sound trust or contest one that isn’t. If you have questions or need assistance, our Tampa estate planning lawyers are here to help. Simply call (813) 438-8503 to schedule a consultation.