1. Home
  2.  » 
  3. Trust Disputes
  4.  » Trust Disputes: Contesting a Trust

Trust Disputes: Contesting a Trust

On Behalf of | Feb 17, 2014 | Trust Disputes

Buffington Law Firm’s trust litigation attorneys have frequently handled trust dispute cases in which it was necessary to bring court action in order to dispute the validity of a trust or an amendment to a trust.  A revocable or “living” trust is one of the most common ways that people structure their estate plans to provide for their loved ones.  Trusts are economical and efficient, and enable an estate to avoid probate. Sometimes it is necessary engage in trust dispute litigation in order to set aside improper trust amendments or restatements.

Trust dispute litigation is sometimes the right thing to do.  Situations sometimes occur where one family member causes the creation of either a new trust, or more commonly an amendment to the trust, that completely changes a person’s estate plan — in contradiction to the true wishes of the trust creator, i.e. the “trustor.”  This can be the result of Undue Influence: a situation where someone dominates a very elderly and/or ill person who lacks the mental vigor or capacity to understand the inappropriate nature of the document that they are being told to sign.  Or the improper trust amendment can derive from a true lack of mental capacity: in one recent case the trustor suffered from advanced Alzheimer’s and had no understanding of the trust amendment she was being asked to sign.  Buffington Law Firm has handled multiple cases where a trustor was literally on his death bed, completely medicated and semi-conscious at best, where a family member caused this person to sign a trust “amendment and restatement” that utterly thwarted the trustor’s true intentions and disinherited most of his children.  Sometimes dishonest notaries are complicit in these situations and will notarize documents signed by people who plainly lacked the mental capacity to know what they were signing or why they were signing it.  Court action is required to correct these types of situations.

If you are being disinherited or disadvantaged by this type of situation you should seek prompt legal help.  Depending upon the situation, there is often a limited time in which to retain counsel and contest a trust provision in court.  Buffington Law Firm’s trust dispute attorneys have an excellent track record whereby we have obtained court orders setting aside improper trust amendments, or negotiated settlements that nullify these invalid provisions.  Do not delay. Call us today and you may speak directly with one of our experienced trust litigation attorneys in a free legal consultation.  We will examine your case and recommend a course of action.