A living trust (also called an “inter vivos” or “revocable” trust) is a file that permits a person to place his/her properties into a trust throughout life so that those properties can be dispersed to designated recipients by a picked representative upon death.
Around 20 percent of Americans have living trusts. Living trusts have some advantages compared to wills, such as helping prevent probate, possibly conserving money and protecting personal privacy. Nevertheless, the regards to living trusts can be objected to or challenged in state court. What is the process of contesting a living trust, and how can a beneficiary fight back when a living trust is contested?
When someone chooses to object to a trust document, he or she should file a claim in a state probate court. This person must have standing to take legal action against, implying that she or he has some interest in the result of the case. There are a range of factors a person may object to a living trust. One of the most typical involves the mindset of the trust grantor. No matter where you remain in the United States, trust grantors should be mentally competent at the time of the production of trust files. In some cases, people will contest living trusts by claiming that the grantor was struggling with some sort of mental disorder or otherwise disabling mindset at the time of the production of the file, implying that the file is void. These people might look to medical records or expert testimony to prove that the grantor was not psychologically sound at the time of a trust’s creation.
Another common factor people might contest a living trust involves excessive influence over the trust grantor. If the grantor undergoes pressures by individuals efficient in applying unnecessary impact over his/her decisions, others who have interest in the result of the case might bring a suit to contest the living trust. In these cases, an individual might argue that the grantor developed a trust or changed the conditions of a rely on a way that is contrary to his/her actual desires as an outcome of pressure from another person. Often, a caretaker is accountable for excessive influence, although other people might also be responsible.
If an individual is able to persuade a probate court to revoke the terms of a living trust or a trust modification, then the assets are distributed according to the previous will or trust, if one exists. If there is no other will or trust, then the state needs to distribute the property and possessions consisted of within the trust according to intestate succession laws, which provide a general framework on how to distribute a decedent’s estate in the absence of a will.