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A trust contest is similar to a Will contest. A person may use a living trust rather than a Will to provide for the ultimate distribution of his or her assets upon death. Like a Will, the validity of a trust may be contested.
At Cona Elder Law, we bring more than 20 years of experience representing parties from both sides of a trust contest. We regularly represent beneficiaries who feel they've been treated unfairly as well as trustees who have a fiduciary duty to administer the trust. Regardless of the circumstances, the New York Estate Litigation attorneys at Cona Elder Law will work to protect your rights and guide you through the process.
If a trust beneficiary has concerns about the terms of a trust, contacting the Estate Litigation attorneys at Cona Elder Law is a crucial first step. After reviewing the details of your claim, we'll guide you toward the best next step to initiate legal action as long as there is sufficient evidence. Circumstances that may trust contest proceedings include:
To successfully overturn a trust because of undue influence, the contestant must clearly show the deceased individual experienced undue influence in bequeathing assets or was influenced into making the trust.
Whenever a beneficiary of the trust shares a relationship of confidence with the maker of the trust and the beneficiary of the trust benefitted from this relationship, the courts can infer the trust beneficiary unduly influenced the maker of the trust. In this instance, it's up to the beneficiary to prove no undue influence took place.
People with terminal illnesses, those suffering with Alzheimer’s Disease or other forms of dementia, and those under the influence of heavy medications may be more likely to demonstrate a lack of capacity to create a trust.
In order to overturn a trust based on mental incapacity, the contestant must demonstrate that the maker of the trust failed to understand:
As you can see, some of these circumstances are quite open to interpretation. Because of this, it's vital to have the experienced representation of a New York trust contest attorney at Cona Elder Law on your team. We'll work to protect your rights and your interests.
Only an individual with legal standing (someone who will be personally affected by the trust) can challenge the trust. Two of the most common parties who traditionally demonstrate standing to question the validity of the trust include:
The decision to contest a trust or to defend a trust contest should not be taken lightly. Yes, it may result in hurt feelings and a deterioration of relationships. However, if the issue cannot be amicably resolved out of court, action becomes necessary. The New York Estate Litigation attorneys at Cona Elder Law will advocate to protect your rights.
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