HOW DO I CHALLENGE A TRUST’S VALIDITY?
Stuart Lawyer for Contested Trusts
It is often possible for a beneficiary or someone who was not included in the legal document to file suit to contest the trust of a loved one, also known as a testator. Though trusts are created to distribute a person’s assets after they have passed away, they can be challenged if relatives or beneficiaries question the validity of the document.
If you have suspicions that a loved one’s trust was wrongfully written, it is important to speak with an attorney as soon as possible to determine if the trust is invalid on the grounds of:
- Improper Execution: The creation of an express trust must follow the guidelines set forth by Florida law. In the event that the trust was improperly drafted or improperly signed by the testator or the two witnesses, the court could rule the document to be invalid.
- Lack of Capacity: Florida requires that the testator have the mental capacity and bearings to be aware of the assets they are distributing and the people to whom these assets will be given. If the testator lacked the necessary capacity due to age, illness, medicinal effects, or another verifiable factor, the family or beneficiary can contest the document’s validity.
- Undue Influence: The testator should have written their trust freely and according to their own desires. The trust can be challenged if it is believed that the testator was coerced or pressured by a relative, friend, or advisor to distribute their assets in a specific manner.
Step-by-Step Assistance is Available
A trust must be contested within a short matter of time after the passing of the testator, and you should speak with an experienced estate planning law firm as soon as you can to discuss your options. Our team is committed to helping family members uphold and honor the legacy of their loved ones, and we work with clients to create comprehensive cases to contest unlawful trusts.
We thoroughly examine different types of evidence, legal documents, and medical records to determine the true wishes of the testator, and use this information to advocate for our clients before the probate courts. Our firm has served the residents of Stuart since 1927, and we can provide you with the voice you need to contest the trust in court. We are powerful advocates for our clients and use our extensive experience and understanding of the law to give their cases the best opportunity for success. If you need to contest the trust of a loved one, depend on the sound legal counsel of Crary Buchanan.
To contest the trust of a loved one, it is imperative to contact a Stuart contested trust lawyer from the firm immediately to prepare your case.