Do you need to know how to contest a trust because you believe that an error, fraud, or other extenuating circumstance involving a trust may have occurred? If so, you need a trust contest lawyer with a deep understanding of the nuances of trusts and contract law. You also need an attorney who with a proven track record of successful litigation, should your case end up being litigated in a courtroom.
At Lloyd Winter, P.C., we bring the experience, strength, skill and compassion needed for disputes involving trusts. Many times, these cases involve families, and it takes a skilled attorney to litigate firmly but with compassion all while keeping justice and everyone’s long term best interests in mind.
We know how to contest a trust with decorum and professionalism. We can also recognize the signs of when a person shouldn’t contest a trust or has no grounds to contest it. You can rely on our legal team to pursue the best outcome possible for you during this challenging time of need.
Frequently Asked Questions About Contesting a Trust
Can a trust be contested after death?
In California, you typically have 120 days to contest the trust. This means 120 days after you’ve been notified by the trustee of the person’s death, you can no longer contest it, if you had grounds to contest it in the first place. Its probate code is very strict on this. Even when extensions are granted, it’s only by 60 days.
Of course Texas, on the other hand gives you years.
Can an unhappy beneficiary challenge a trust?
In most cases, a trust can be challenged by anyone who has legal standing; in other words, anyone who stands who gain from contesting a trust has the right to contest it, in most situations. While eligibility to file a challenge depends on having standing, whether the challenge succeeds depends on proving valid legal grounds, which can vary by state. In both Texas and California, courts allow challenges in cases such as fraud, undue influence, or lack of capacity.
So, you can’t just contest it because you are unhappy that you aren’t getting the family heirlooms you have always liked more than your sibling. You can contest it if you believe that your sibling pressured or threatened your parent to leave them the heirlooms.
You must have a specific legal grounds to contest a trust. That means you must show that your parent lacked the mental capacity to make the decision to leave your sibling the heirlooms. Or you could show that your sibling forged the signature or somehow committed fraud. You could also have a legal grounds to challenge the directions of the trust if you can show that the trust was improperly executed. Your attorney can explain all the specific situations by which you could have grounds to challenge the trust.
The burden of proof is on you.
Challenging a trust becomes much more difficult and sometimes even impossible if the trust has a no arguing or a no contest clause built in.
What is the no arguing clause in a living trust?
If you’re wondering, “What is the no arguing clause in a living trust?” you aren’t alone. It’s one of our more frequently asked questions. Obviously, a clause in a trust can’t make heirs get along and be cordial to one another.
Sometimes heirs don’t get along, and no legal instructions could change those feelings or force them to get along — what a carefully crafted no arguing clause in a living trust can do, though, is minimize conflicts related to the inheritance among living trust heirs by preventing them from contesting the terms of the trust. That’s its function.
A no-arguing clause will specify that in order to benefit as an heir, you can’t contest the living trust. These are also known as no contest clauses or In terrorem clauses. Basically, if you challenge the terms of the trust, you forfeit your entire share!
Can you contest a revocable living trust?
Only someone with direct financial interest in the outcome of a dispute related to a revocable living trust can contest one. So, if you were previously named in a revocable living trust, but now you aren’t, you could contest it if you can find legal grounds.
Keep in mind, you can’t just contest that you were removed from the trust because you wanted to be a beneficiary and no longer are. You have to show that the new document is somehow invalid. Perhaps you believe the person was mentally incapable of changing the revocable trust due to dementia — then, you could have grounds to contest it. Maybe you think the grantor was forced to change the revocable living trust under duress. That would also be grounds to contest it.
A contract litigation attorney will know and help you move forward if you have a case.
How Do I Find a Trust Contest Lawyer?
If you’re wondering how to contest a trust, you will need to contact a civil attorney familiar with contract law and specifically, trusts. Given the complex nature of trusts, a generalized lawyer may not be suitable. Make sure the attorney you choose has experience contesting trusts and is highly capable of litigation—because it may come down to that.
If you are in Texas or California and need a trust contest lawyer, contact LloydWinter, P.C, today.
