The Winner's Guide to Family Trust Contests | RMO Lawyers

https://rmolawyers.com -- Whether you’re seeking to contest a family trust, or defending a family trust dispute, it’s important to contact a trust litigation attorney near you as soon as possible to help improve the chances of winning your case. Here’s a guide.

FULL ARTICLE: https://rmolawyers.com/family-trust-contests/

"Can a family trust be contested?"
Yes. Contesting a trust is very common in California and every state, and may be done by any interested party.  Interested parties include heirs, beneficiaries, trustees, and indebted creditors. But in any trust contest case, any interested party must act as soon as possible. Why?  Because the statute of limitations on trust contests in California can be as short as 120 days. That means you may have only four months to file suit, which also means you need to act quickly.
"What is a family trust contest, dispute, or conflict?"
A family trust contest, dispute, or conflict is a civil lawsuit arising where an interested party seeks to invalidate a trust or trust amendment on at least one of several grounds: fraud, forgery, incapacity, undue influence, etc.  If successful, a trust contest will make the trust or trust amendment illegitimate, void or voidable, and unenforceable. Interested parties may include a deceased person’s heirs, their named beneficiaries, or creditors to whom they were indebted at the time of their passing.

When a family member passes away, surviving relatives must deal not only with the emotional pain of their loss, but the resulting practical and financial matters as well. If a family trust is involved, a trustee is tasked with marshaling, inventorying, and distributing assets to the beneficiaries of that trust and paying creditors. But in some cases, beneficiaries or creditors may have cause to doubt the validity of a family trust agreement 

While most trusts are administered without incident, an ever-increasing number result in trust contests.  This is not surprising, considering the proliferation of planning, an aging demographic, changing family dynamics, and growing awareness of the ability to contest illegitimate planning.  And all case, parties want to be sure that their loved one’s true wishes, as they intended them to be, are carried out fairly and in good faith. The best way to explore whether your loved one’s wishes are being honored is to consult a trust litigation attorney. 
"What is a family trust?"
A family trust is a legal agreement, a contract, that helps a person’s estate avoid probate by placing assets into an entity, a trust, that contractually avoids probate and distributes the person’s assets to their intended beneficiaries, usually their family, without the time or expense of probate.  An intervivos trust begins while a person is living, while a testamentary trust, which is uncommon these days, comes into being through a person’s will after they have passed and still requires that that will be probated. 
"Can a beneficiary contest a family trust?"
Yes, beneficiaries can contest a family trust. In fact, they are the most common parties to do so.  The second most common trust contestants are heirs who never were or, in the case of an amended or restated trust, are no longer beneficiaries.  Whether an heir or beneficiary, understanding what you stand to lose or gain in inherited funds, personal property, or real estate should be examined with the help of a probate litigation attorney who can help you understand the strengths and weaknesses of your case, as well as the costs, so you can make a well-informed decision.  
"When should I contest a family trust?"
You should contest a family trust if you suspect it fails to reflect what our loved one intended. Most often this opportunity only arises after you’ve lost our loved one and their estate planning documents come to light.  It is in this moment, when you learn about the trust and what it provides that you need to act quickly to ensure their true intentions are carried out.  
"What if I suspect family trust embezzlement or stealing?"
If you suspect a family member is embezzling or stealing funds from a trust, contact a trust embezzlement lawyer immediately to defend your rightful inheritance before it’s gone. You can learn more about these offenses by reading our article, The Guide to Family Trust Embezzlement and Stealing.
Have questions? Contact us any time.
hello@rmolawyers.com or call (424) 320-9444

FULL ARTICLE: https://rmolawyers.com/family-trust-contests/

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