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Contesting A Trust

  • Thread starter TrusteeHeadache
  • Start date

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T

TrusteeHeadache

Guest
My grandparents established a trust in 1996 in CA. The Trust assets/property were divided between my father, my sister, & myself. They left all personal belongings to my sister & I.

My grandfather passed away in 1999. My grandmother added a Codicil to the trust a few weeks before her death this Summer(it was witnessed properly, etc). This Codicil merely named my sister & I as Co-Trustees as opposed to my father who was named Trustee before the Codicil came about. This fact enrages him.

My sister & I into shared some personal property with him & we also allowed him to help us pick a realtor to sell the home to "keep the peace." He fired the first realtor who wouldn't go along with "his price" for the house (way over market value.)

My sister & I finally took the bull by the horns so-to-speak and the Trust attorney sent a letter outlining the groundrules around the sale of the property, etc...(Bottom line...House will be sold at market value not at pie-in-the-sky value.)

He is now threatening to contest the Trust due to this "going behind his back." There is a no contest clause in the Trust.

Doesn't someone need very valid reasons to contest a Trust?

Thank You.
 


ALawyer

Senior Member
Yes, someone needs valid grounds to SUCCESSFULLY contest a Will or a Trust, but that doesn't stop someone who stands to gain if he or she can overturn the Will or Trust, in whole or in part, from trying.

Lack of mental capacity, fraud, mistake, undue influence, duress are grounds to set aside a Will or Trust, or amenments thereto. So is lack of proper execution.

A no contest clause really does not impact someone who was left nothing, and thus has "nothing to lose".
 

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