Top Estate Planning Attorney R. Sam Price, founder of Price Law Firm, APC in Redlands, CA, explains the downsides that contesting a trust can bring. For more information please visit https://pricelawfirm.com
Redlands, California, United States - April 3, 2023 —
Contesting a trust will often pit family members against each other if the matter cannot be dealt with amicably and out of court, California estate planning attorney Sam Price said this week.
For more information please visit https://pricelawfirm.com
The Founder of Price Law Firm, APC, in Redlands, CA, said that while the death of a parent or spouse was bad enough, facing up to a legal challenge from close family members as they seek to assert leverage over their assets could be considered a step too far for some.
He said that anyone considering contesting a trust must first be ready for the stress, the challenges and the narrow grounds upon which they can launch a legal fight. "One of the many complaints is that a family member is not getting as much as they expected, but that opinion is not a legal ground upon which they can move to court," commented Mr Price.
Only those with a "legal standing" can launch a lawsuit, and those are defined as a person who would be personally affected by the case's outcome. These parties could include family members or those that may have been cited as beneficiaries in previous wills and trusts.
Those contesting a trust must be able to prove one of four grounds. Mr Price said these included showing proof that a person drawing up a will lacked the mental capacity to understand the implications of the trust, that a person was unduly influenced by others seeking a greater share of the assets, or that a trust is not valid due to a lack of signatories.
He added that another potential option to contest a trust was that the trust was signed and procured through fraudulent means.
Mr Price asserted: "It would be highly advisable to seek professional legal advice before contemplating contesting a trust as the onus will be on them to prove that it isn't valid. That means bringing evidence to be successful."
If a court finds it in their favor, it will declare the trust invalid and revert to a previous trust if one was previously written. "That could mean the deceased wishes are no longer being fulfilled as they intended. So it is equally important that a person intending to draw up a trust receives the correct advice and that their declarations are clear and valid."
However, if they lose the challenge, they could find themselves challenged to cover the financial costs of the legal case – and those forced to defend it.
Mr Price concluded: "Those intent on launching a challenge must be completely comfortable with the impacts of it. Is taking a stance worth losing loved ones, family and friends in the long run? Are they prepared to fail? If they feel it is, they need to seek a litigation specialist to guide them through the process."
Source: http://RecommendedExperts.biz
Contact Info:
Name: Sam Price
Email: Send Email
Organization: Price Law Firm, APC
Address: 454 Cajon Street, Redlands, CA 92373
Phone: 909-488-4110
Website: https://pricelawfirm.com
Release ID: 89092812
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