When someone loses a loved one, they rarely run into conflict in regards to that loved one’s estate. Some however, do are faced with a situation where they feel that the terms of their loved one’s trust is not correct. This could be the case for various reasons and when this happens, there are steps you can take to make sure that the trust your loved one has created is executed correctly and abides by the law. If you find yourself in this type of situation, you may find that speaking to an attorney can help. Contacting James Mitchell, Attorney at Law in Omaha, Nebraska can help you to sort out all of the details and make sure that your loved one’s assets are divided in the way they were meant to.
What is a Trust?
A trust is something that a person creates to protect their assets and help to disburse them one they have passed away. The good thing about a trust is that it can avoid the need for probate court to finalize their last wishes. This can make the process run smoothly unless someone feels that this trust is not really what their loved one wanted, or that there is some other type of mistake.
Contesting a Trust
When you feel that the trust your loved one created is not correct, you can contest it and its contents. Only people who will be directly affected by the decision regarding a trust are able to file a lawsuit to contest its contents. This includes family members that are entitled to assets if a trust did not exist; or beneficiaries named in the trust, which can include family, friends, and even charities.
Reasons to Contest
If you feel that your loved one had the mental incapacity to make decisions regarding their trust, or if you feel that they have been influenced to make a decision, you may file a lawsuit. This can happen many times with elderly people who are very easily swayed. Also, if you feel that there is something wrong with the documentation, a lawsuit can be filed. Many times a lawsuit can be quickly resolved, but in the event that it is not, the process will move on to trial.
What to Expect During Trust Litigation
If the case must go to trial, the process works much like any other type of case. Each party will argue their side and bring in witnesses to help prove their case, along with the evidence. If the judge feels that the person filing the lawsuit has not met their burden of proof, they can provide their decision. Otherwise, once all parties have argued their case, a judge has 90 days to reach a decision.
While the time after your loved one passes can be very difficult, the last thing you will want to have to fight for is your rights to any assets. However if you find yourself in this situation, a trust litigation attorney can make sure all of the proper steps are taken to make the whole process run smoothly.
