When a loved one passes and leaves behind a trust, our trust and probate lawyer understands that questions can arise about its validity or fairness. Certain individuals may feel the trust doesn’t reflect the true wishes of the person who created it. In these situations, some people may have legal grounds to challenge the trust in court. Below are five commonly asked questions that help clarify who may be eligible to bring a trust contest and under what circumstances.
Can A Family Member Challenge A Trust If They Were Left Out?
Yes, a family member may contest a trust if they believe there was fraud, coercion, or a lack of mental capacity when the trust was created or changed. Being excluded from a trust isn’t enough on its own to justify a legal challenge, but if the disinherited person can show suspicious circumstances or unfair influence, they may have a valid claim. Courts generally look at whether the trust reflects the true intent of the person who made it, especially if a sudden change occurred shortly before their passing.
What If I’m Not A Family Member But Was Promised Something?
Someone outside the family may still challenge a trust if they were a named beneficiary in an earlier version or if there’s evidence they were intentionally excluded through undue pressure. For example, if a caregiver or close friend had a strong relationship with the decedent and the trust was suddenly altered, that individual may raise questions about whether the trust was modified under improper influence. Legal standing depends on whether the person had a legitimate financial interest or was affected by the trust’s terms.
Is There A Deadline To File A Legal Challenge Against A Trust?
Yes, there are strict timelines for filing a contest. These deadlines vary by state but often begin when the person challenging the trust receives formal notice of the trust’s administration. In many cases, the time limit can be as short as 120 days. If a claim is filed after the deadline, it’s usually barred by law. That’s why acting quickly is critical. Our trust and probate lawyer always recommends people seek help promptly if they suspect wrongdoing or were unexpectedly excluded.
Can Multiple People File A Challenge Together?
Yes, if several individuals were impacted by the same trust and share a common concern, they may jointly contest it in court. This is often the case with siblings or beneficiaries of earlier trust versions who were removed or saw their inheritance significantly reduced. By filing together, claimants can often share legal costs and present a more unified argument about the trust’s validity. However, each person must still prove they have a personal interest affected by the trust.
What Proof Is Needed To Support A Legal Trust Contest?
Challenging a trust successfully requires strong evidence. This may include medical records showing the decedent had impaired mental function at the time of signing, emails or texts that suggest manipulation, or testimony from witnesses who observed concerning behavior. Courts don’t reverse trusts lightly, so we have to be clear, factual, and well-prepared.
Contact Our Attorney Today
Disputing a trust in court is a serious decision that must be backed by legal standing, credible evidence, and timely action. Whether you’re a disinherited family member or a concerned beneficiary, it’s critical to understand your rights and responsibilities. If you suspect something isn’t right, our team at Silverman Law Office, PLLC can help. Since 2012, we have helped clients talk through the details and determine their next steps. Contact our recognized legal professionals today!