In recent years, there’s been a trend to use trusts rather than wills to transfer assets to family members. A revocable trust does offer some advantages over a will. For instance, trusts allow for more privacy than wills, and they make it possible to avoid probate in most cases.
However, it is a misconception to think that a trust cannot be contested. In fact, in California today, thousands of trust contest cases are awaiting trial. While a trust can be administered by the Trustee without the intervention of a court, a contested trust can be brought into court.
In addition, trusts can be disputed on the same grounds as a will. If the Trust creator was deemed incompetent or if he created the trust under undue influence, the trust is subject to dispute. A fraudulent trust or a trust that does not follow the letter of the law can also be contested.
The Trustee, Trust beneficiaries, or a disinherited heir can draft and file a trust contest petition with the court. When that happens, the contest begins. If your family’s trust is contested and goes into litigation, call the Law Offices of Jeffrey Lohman to ensure your loved one’s wishes are protected.