When you have been named as a beneficiary of a trust, you have certain rights. One of those rights is to challenge a trust. Sometimes there are circumstances that may make you question some terms listed in the trust. It is important, if you are going to challenge a trust, you first discuss your situation with an experienced attorney. Here is a fundamental guide on how to challenge a trust. It is important to note that this is not legal advice, and it is advised that you speak with an attorney before taking any actions. If you would like the help from a team of knowledgeable attorneys, contact us today.
Review the Trust Documents
Before you challenge the trust, you need to examine the trust documents and understand the terms of the trust completely. You cannot challenge a revocable living trust until the person who created it dies, making it irrevocable. As soon as you can, get a copy of the trust and have an attorney look through it.
If you believe that there is something concerning within the trust, you need to prove your case. Gather the necessary evidence, witness statements, and more. Do some research to determine whether your objection is actionable or discuss your matter with a local estate attorney.
Look for an Experienced Attorney
Challenging a trust is a complicated and complex process. You do not want to go into court alone. Use family and friend referrals to find an estate-planning attorney that can assist you in your case. There are also several online resources such as Yelp and Avvo that can help match you with an attorney.