Common Reasons For Trust Litigation

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Trust litigation is more common than you may believe and, to protect your estate from litigation, you need a solid estate plan. If you do not take precautionary measures with your estate, your family may face probate or trust litigation in the future.

There are typically two forms of estate litigation; either an estate document is contested, such as the will, or the challenge is regarding administration of the deceaseds estate.

A frequent reason for trust litigation is a family member of the deceased believes he or she was treated unfairly in the will or trust. These family members are usually children or the spouse. Even if the family member did inherit a portion of the estate, he or she can still contest if he or she feels it was an inequitable bequest.

Grounds for Litigation of an Estate

The deceaseds mental capacity was unsound at the time the will or trust was executed. The law requires the testator be of sound mind, able to comprehend what he or she owns and how he or she wants to distribute those assets after death. If there is any question about the persons mental capacity at the time he or she signed the will, it could be contested.

If there is any reason to suspect documents were fraudulently tampered with or the deceased was under extraordinary influence of another at the time, the will or trust can be contested.

A post or prenuptial agreement can be the cause of trust litigation.

If a will or trust is changed by the testator just prior to passing away, this could raise questions and be reason enough to start legal action.

If you suspect you might have legal grounds for trust litigation, contact an experienced attorney for legal advice on how to proceed. It is also be prudent to seek estate planning advice to avoid embroiling your family in trust litigation in the future.


About the Author:
James A. Miller is a leading provider of expert estate planning guidance in Worcester, MA. For more information on trust and other estate planning services, visit our website.



Article Originally Published On: http://www.articlesnatch.com


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