Grandmother's Trust

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gonzalez

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My Grandmother had a trust put in place that if anyone who fights the trust in court will loose everything. My father and uncle are the only one the trust was left to. They both want to fight the trust. I would be the next in line as next kin. If they do fight would the remainder of my Grandmother's trust be handed down to me? Curious to know.
 
My Grandmother had a trust put in place that if anyone who fights the trust in court will loose everything. My father and uncle are the only one the trust was left to. They both want to fight the trust. I would be the next in line as next kin. If they do fight would the remainder of my Grandmother's trust be handed down to me? Curious to know.


I suggest you speak with a trust and estates attorney in your county.

Contesting a trust is a formal objection raised against the validity of said trust.

The argument goes that the existing document (the trust) does not accurately reflect the intent of the settlor (person who made the trust).

Generally speaking, two types of people are eligible to contest the validity of a will or trust:

  1. Those who named in the trust (i.e. any beneficiary);
  2. Those who would inherit from the person making the trust, assuming the document was held to be invalid.


The grounds to contest a trust include, but are not limited to, evidence of:

  • Lack of capacity
  • Fraud
  • Undue influence, duress, or menace


Before contesting any trust, it is important to know that courts do not necessarily look to "fairness" during trust contests.

The creator of the trust has a legal right to dispose of his or her assets in any way that is legal, so "unfair" does not factor into a document's legal validity.

Challengers should know that the large number of trust contests each year make judges cautious about reviewing any such cases.

This is particularly true when the document in question involves the transference of assets to charitable organizations.


I suggest you discuss this matter with a trust and estates attorney in your county.

If possible, take any documentation you have to help the attorney better understand your claim.
 
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