When you see something that looks off, you know, especially in estate planning.
Let’s take the following example: your parents passed away recently and you and your siblings all expect to receive an even share of assets. When the trust administrator shows you the terms of the trust, you realize one sibling is entitled to far more than the others.
Unfortunately, this situation is far more common among family members than many want to believe. The elderly who may be sick, dependent, or even diminishing in their mental capacity are left vulnerable to undue influence— a manipulation that alters the wishes of another person.
Whether this occurs for a living trust or an irrevocable trust, the road ahead is challenging. If you choose to leave the trust as-is, you automatically accept its faulty terms. If you contest the trust in probate court, you may trigger a “no-contest” clause— a rule that states trust beneficiaries who contest the document no longer earn an inheritance.
Finally, you must decide if you want to contest the trust document. With only 120 days until time runs out to make a decision, reviewing your options quickly and accurately are your best chances at making a confident decision.
As you can see, the pros and cons of this decision are neck and neck. It can’t be decided on without the advice of an attorney.
Attorneys With Experience
The above is only a brief look at what is yet to come. The trust contest process is full of trial and tribulations where you not only argue your case, but back it up with evidence.
Whether you are starting a trust contest in Los Angeles, Laguna Hills, or another California location entirely, the Legacy Lawyers can work closely with you to ensure you are getting the best legal advice around.
Have questions or are interested in starting your administrative journey? Reach out to our law firm for an initial consultation with a trust administration attorney and receive legal help as soon as possible.