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What are reasons living trusts may be contested?

Individuals who place their assets or property into living trusts do so in hopes of being able to more easily transfer their assets over to their loved ones when they pass away. While many trustors hope that setting aside their property in a trust will make things easier on their family, any loved ones that have to deal with someone who contests its existence may think otherwise.

There are some common reasons why individuals contest trusts. Beneficiaries often do so because they feel that either the trustor, the person who set it up, or the trustee, the individual who administers it, was subjected to coercion, defrauded or if they believe that some other error occurred.

Anyone who believes that some type of impropriety occurred must sue each beneficiary. That plaintiff must be able to produce proof that some illicit activity occurred from the first day that the trust was set up though. Beneficiaries will continue to be paid any assets that they're due while waiting for their case to be adjudicated.

Some instances may occur after a trust first is set up that may result in a Melbourne judge amending the living trust. This may happen if the number of beneficiaries changes due to marriage or children being born. If it appears that these individuals weren't thought of when this document was drafted, then a judge may allow them to be added after the death of the trustor.

Unlike wills, prospective beneficiaries may contest trusts long before the trustor's death. This most commonly happens if the beneficiary suspects that the trustor has become incapacitated since their drafting of the document.

A judge may decide to invalidate the trust if certain evidence is produced that would convince a Florida judge that the trustor was coerced into setting up their living trust or into adding or omitting certain individuals as beneficiaries to it. A trust litigation attorney can review your documentation and let you know if you have a valid claim under Florida law.

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