The Process of Challenging a Pompano Beach Trust
Many people are familiar with contesting a Will, but challenging a Trust can also happen. Challenging a Trust can be similar to challenging a Will in some ways, but it is not easy. In fact, it can be quite difficult to challenge a Trust successfully. If you believe you have a valid reason for challenging a Trust, you should speak with an experienced Pompano Beach validity of trust lawyer.
Not everyone has the right to challenge the trust. Only interested parties can legally challenge it. Interested parties can be defined as those beneficiaries who are named in the trust, an heir of the deceased, or creditors to whom the deceased owed money to. Someone who is a disinherited or disadvantaged heir or beneficiary could also have the standing to challenge a will or trust in some situations. However, if a family friend or a business contact suspects something is amiss with the trust, they have no standing to challenge it, unless they are named in the trust or are a legal heir.
Possible Reasons for Challenging a Trust
There are several reasons an interested person may need to challenge a Trust. Some of these reasons include the following situations.
Fraud or Undue Influence
Undue influence is where someone takes advantage of an elderly, infirm, or otherwise vulnerable person. Undue influence is against the law and could result in criminal charges. If the wrongdoer pressures the Trust grantor into drafting the Trust or altering specific provisions, it is considered undue influence.
Lack of Capacity
Lack of capacity means the Trust grantor did not have the testamentary capacity when they created the Trust. Legally, anyone who is 18 or over has the right to create a Trust. For example, someone who is drunk, has a substance abuse problem, or a mental condition like dementia could lack the capacity to create a Trust.
Improper Trust Execution
If there are concerns that the Trust was not properly executed, there could be a valid reason to challenge it. For example, the Trust grantor must have the proper signatures, appropriate number of witnesses, and adhere to any other legal requirements in effect at the time the Trust was executed.
Potential Difficulties with Challenging a Trust
While the premise of challenging a Trust is like a Will, proving it can be more challenging. Many people use do-it-yourself Wills that can lead to numerous challenges, but with a Trust, most people hire an attorney specializing in Trust creation. Also, a Living Trust has a Successor Trustee who can step in to make decisions if the grantor lacks capacity.
Contact a Pompano Beach Trust Litigation Attorney
If you are an interested person who believes you have grounds to challenge a loved one’s trust, you need to speak with a skilled Pompano Beach trust litigation attorney right away. Contact Mark R. Manceri, P.A. today to schedule an initial consultation.