Cantwell & Goldman PA
Call Today for the Answers You Deserve 866-583-9129
In This Section
COVID-19 UPDATE: While our office will remain open to best serve the needs of our clients, we are also offering the ability to meet via telephone or video conferencing. To discuss your options, please call the office.

How can I contest a loved one's trust?

Learning that you are not entitled to a significant portion of a loved one's estate after they pass away can create an additional upset in a time of mourning and grief. There can be situations in which an heir to a deceased person's estate believes that a trust was created that should be considered invalid or unjust. If this is the case in your situation, you may want to consider contesting the trust.

Many people are unsure as to whether it is possible to contest a trust. While contesting a will is relatively common, contesting a trust can be more challenging, in part because it is probable that the decedent already proceeded to transfer their assets to the trust during their lifetime. If you want to take action to contest a deceased loved one's trust, the following are ways you can go about doing this.

Show that the decedent had a lack of capacity

A person who initiates a trust in their name must have the mental capacity to do so. Mental capacity in legal terms is regarded as having the ability to understand the consequences of the decision being made, and how the decision will affect their loved ones in the future. If you can do this, you may be successful in contesting the trust.

Show that they were subject to undue influence

Many people become heavily influenced by people toward the end of their lives. This is most often the case when a person is feeling lonely or vulnerable. People can sometimes take advantage of those in such a vulnerable place and, consequently, manipulate them financially. If you believe that your loved one was affected by undue influence, consider taking action to contest the trust.

There are many ways that you may be able to contest a trust and have the funds redirected, but you should be able to give adequate evidence and have legal standing. If you have further questions or concerns regarding how to successfully contest a loved one's trust, it is important that you take swift action to understand the way that the process works. By doing so, you will have the greatest chance of success.

No Comments

Leave a comment
Comment Information

Contact Our Attorneys Today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Cantwell & Goldman, P.A., Attorneys & Lawyers, Cocoa, FL

Contact

Cantwell & Goldman PA
96 Willard St., #302
Cocoa, FL 32922

Toll Free: 866-583-9129
Cocoa Law Office Map

Fax:321-639-9950

We speak Spanish, Hindi, Mandarin Chinese and Japanese

Review Us