What Is a Trust Contest? | RMO Lawyers

Описание: A trust is a legal arrangement where one person or entity, known as the “trustee,” holds the title to property and manages it for the benefit of another person or people, known as the “beneficiaries.” When an interested party believes that a trust is legally invalid, they may pursue a legal action called a “trust contest” to dispute the enforcement of the trust.

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However, you cannot contest a trust simply because you don’t like or agree with its terms. Rather, to challenge a trust in court, you must have legal grounds to attack the validity of the trust document.

Common reasons you can contest a trust include the following:

The person making the trust was mentally incompetent or incapacitated when the trust was created or amended.
The trust was created or amended due to undue influence, duress, or coercion committed by someone with an interest in the trust property.
The trust was created or amended as a result of fraud or forgery.
If you would like to contest a trust but are not sure if you have a valid reason to do so, consult with a trust litigation attorney as soon as you can. Most trust lawyers offer free initial consultations, so there’s no reason not to discuss your situation with a professional.

What happens when you contest a trust?
To contest a trust, you’ll need to file a dispute in probate court. You’ll need to have detailed and specific facts and evidence that support your claim, as well as witnesses to testify to this evidence. The more evidence and witnesses you can find to corroborate your version of events, the more likely you are to succeed.

Trust contests often can take several years to complete the probate litigation process. However, partnering with an experienced probate litigation attorney can sometimes decrease the time it takes to resolve your case. A knowledgeable lawyer can identify the best strategies for contesting a trust, which will give you the greatest chance of obtaining the most favorable outcome quickly.

Your trust litigation attorney should handle court hearings on your behalf and walk you through every stage of the probate litigation process. You can expect your case to include an investigation and discovery phase, where each side strengthens their case and then exchanges information with the other side. Your case may also involve a mediation session, which is a formal settlement negotiation process led by a probate judge, and, if a settlement cannot be reached, a trial.

If the probate court rules in your favor in a trust contest, the trust document will be considered invalid, and the property will not be distributed according to its terms. Instead, the estate assets will be allocated based on state intestacy laws, a will, or a previous trust instrument.

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About RMO Lawyers:
RMO LLP serves clients throughout California and Texas, with offices in Los Angeles, Orange County, San Diego, Fresno, Pasadena, the Bay Area, Dallas, and Houston.

We are laser-focused on guiding our trustee, executor, beneficiary, heir, conservator, and guardian clients through some of the most complex and emotionally charged issues life can throw them. Our commitment to helping our clients achieve results that not only add to their bottom line but to their peace of mind is at the core of everything we do. That’s RMO. ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎
This video may be considered attorney advertising. The information presented is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship with RMO LLP.
Results in legal matters depend upon a variety of factors unique to each case. RMO LLP does not guarantee or warrant a particular result in future matters.

Responsible Attorney: Responsible Attorney: Scott E. Rahn, member of the California State Bar and Texas State Bar.
Primary Office Location: Los Angeles, California.