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A living trust is an estate planning arrangement a person establishes during their lifetime. The grantor places ownership of specific assets into the trust itself. Upon their passing, the remaining assets transfer to the designated beneficiaries. Like wills and other estate documents, living trusts can be contested. If you want to contest a living trust, here’s what you should know.

When to Contest a Living Trust

You must have legal grounds to contest a trust. This typically means you have reason to believe that laws were broken when the living trust was created. You must also have evidence to support this claim.

Incompetence is a common reason for contestation. If the grantor wasn’t of sound mind when they established the trust, the document can be legally challenged. This is also the case if the grantor was unduly influenced when creating the trust. In this situation, they may have been coerced by a family member into making them a beneficiary. A trust can also be contested if it doesn’t follow basic legal guidelines, like a lack of notarization.

The Process & Possible Outcomes

living trustIf you’re a beneficiary of a trust and want to contest it, you’ll have to fill out and submit a petition or complaint in probate court. You’ll also need to submit evidence that laws were broken in the creation of the trust.

The courts will pass judgment based on the evidence. They may decide that your claim isn’t legally valid and that the terms of the trust should be honored as written. On the other hand, they may agree with your argument and invalidate the trust. In this situation, the assets will be distributed according to the state's next-of-kin line of succession.

 

If you’d like legal support contesting a living trust, contact the team at Wills and Trusts Hawaii in Honolulu. These attorneys will help you fill out the necessary paperwork, gather evidence, and represent you throughout the lawsuit. To get more information about how they can help, visit the website or call (808) 792-8777.

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