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Contesting the Validity of a Trust

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rudyclemons

Junior Member
What is the name of your state?GA

A Trust contains a clause "that if any beneficiary contest the validity of the Trust that the beneficiary shall forfeit all interest in the estate or Trust" can there be anyway to contest the trust and not forfeit their interest?
 


rudyclemons

Junior Member
Dandy Don, a brief overview is as follows

Dandy Don, a brief overview is as follows:

My mother was diagnosed in April 2005 with stage four lung cancer, her husband had preceded her in death and she has three children, two daughters and one son, me. It was common knowledge that the will she had was share and share alike.

The two daughters maintained to me that nothing had changed in her will, however 3 days before she passed on September 9th I learned that she in fact had executed a living trust on June 14th. My two sisters had hid this from me and it was by accident that I discovered all this transpired and they were named co-trustees.

Only after retaining an attorney to request a copy of the trust document did I learn the contents and that if I contested the trust I was to receive nothing. I know you are going to say what did my attorney say, however he does not specialize in Trust and I am currently seeking one that does.

The only assets that I am aware that have been transferred into the trust is the home and bank accounts. The daughters have received the home in trust along with cash to maintain the home.

The Residuary Trust states immediately after death the rest of the trust estate (I can only assume it is the cash) shall be distributed in the following manner, and then this trust shall terminate:

The grantor’s son is to receive $xx,xxx.xx in cash and the balance of the trust estate shall be given to the daughters to share and share alike.

Then it states if any beneficiary named in the trust shall contest the validity of the Trust shall forfeit all interest in my estate hereunder or estate created hereunder or otherwise.

I am not sure what I would contest, but I know there is a lot more than I am being allowed to see.
 

Dandy Don

Senior Member
Sorry, but there is virtually no way to contest without losing any financial benefit. If you had documented evidence, such as the confirmed existence of a previous trust in which you had been named beneficiary of a larger amount, and then the current trust reduced the amount you were to receive, you could contest, but at this point you have no strong evidence that this was not your mother's wishes, although I do admit the circumstances look suspicious, as if two sisters conspired with mom to prevent you from getting more.

Hope you will be getting something from the will so that you won't be left with absolutely nothing--face it, you've been cheated and life must go on.

DANDY DON IN OKLAHOMA ([email protected])
 

rudyclemons

Junior Member
No Will

Dandy Don,

There is no evidence of a will and I have petition the probate court to be the admisistrator. Also I have her doctors that says she did not have the capacity to execute such documents.

We shall see...

Thanks
 

rudyclemons

Junior Member
Dandy Don

Dandy,

It seems you are active here and have much knowledge, however I have been informed I can contest a lot without actually contesting the trust document, ie, mental compentcy, timing of the execution, construction of the trust, the maner the assest were transfered into the trust. If these steps were not done properly then the trust will fail. This is not contesting the actual trust. I guess if falls on a play of words.

Thanks again....
 

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