Trusts are useful for passing property to beneficiaries without the delay and expense of probate. Similar to a will, a person who creates a trust names the people that the trust will benefit. Sometimes a person who expected to inherit from the trust creator is disappointed that a trust provides them less than they anticipated, and they consider legal action to overturn the trust.
Challenging a trust is a complex legal proceeding, and anyone bringing or defending a challenge should have an attorney with exceptional knowledge and skill—like the ones we have here at The Probate Pro! A Royal Oak trust contests lawyer from our firm can provide sound guidance when there is a dispute involving a trust. We know these cases better than anybody and should be your first phone call when things go awry.
Someone seeking to challenge a trust must have legal standing to do so. The law grants legal standing to a distinct group of people. A person who benefits from a trust is called a beneficiary, and any beneficiary can challenge a trust. In addition, a person who is not a trust beneficiary, but would have inherited from the trust’s creator if they had not established a trust or prepared a will, can bring a challenge. Someone who is disadvantaged because they would have inherited more from a creator’s previous will or trust can contest the administration of a trust.
Establishing whether someone has legal standing to challenge a trust can be complicated, but that’s where we come in. A contested trusts attorney at The Probate Pro’s Royal Oak office can confirm family relationships and review a creator’s prior wills or trusts, if any, to determine whether a specific individual has standing to contest the trust. Our probate attorneys are the best around when it comes to cutting through flimsy legal challenges and keeping the probate process fair.
Here’s the rub: just because someone is unhappy with the terms of the trust does not mean a court will invalidate it. Even if a creator misled a beneficiary or family member about what they could expect to receive, the creator has the right to distribute their property as they see fit.
A person challenging a trust must show that there was something improper about the way the trust was created. A court could find a trust is invalid if someone forced or coerced the creator to establish the trust or include certain terms. Other legal reasons to invalidate a trust include:
A court could also invalidate a trust if it was not signed in front of two witnesses, the witnesses’ signatures are invalid, or the document was not notarized.
The person making the legal challenge has the burden of proving that there are grounds to invalidate the trust. A Royal Oak attorney can investigate the circumstances surrounding the creation of a trust to determine whether adequate grounds exist to support a challenge. If so, they will use their impressive courtroom skills to fight for your desired results.
When a court finds that there are grounds to invalidate a trust, there are several options. The judge will try to find the solution that they believe best reflects the creator’s original intentions. A court could invalidate the existing trust and replace it with an earlier trust; or the judge could modify the trust or just set it aside. Of course, our aggressive litigators will make a compelling case for the outcome you seek.
If the judge sets aside the trust, the deceased person‘s property will be distributed to their heirs according to intestate succession laws— Michigan Consolidated Laws § 709.2102 and § 700.2103. The Probate Pro can explain how the property would be distributed in a specific case.
When an heir feels that a trust is unfair to them, it can lead to disputes among family members. If the issue cannot be resolved, they may bring a legal challenge to the trust. As you might imagine, this can cause delays, confusion, and a lot of family arguments. It doesn’t have to come to that.
Trust challenges are legally complex, which is why you need to reach out to a Royal Oak trust contests lawyer at The Probate Pro for help. We will use our vast knowledge of the law and our talent for negotiation and litigation to represent your interests. Call us now to learn all the ways in which we can help.