ability to contest a living trust?

[betysue]

What is the name of your state (only U.S. law)? Maine

I understand one of the conditions to be able to challenge a living trust is to question and hopefully prove the lack of mental health of the owner of the trust. What is involved in that? I have been cut out of a large trust from an uncle who was bipolar and not taking his medications. What chance do I have to contest this?

 

[Dandy Don]

Was the trust signed during a time when he had already been previously diagnosed or was taking medications that could have affected his judgment/mental capacity? Talk to a trust attorney about your chances, although it could be costly in legal fees for both sides. Is there a specific reason mentioned in the trust as to why you were disinherited? If not then your chances to contest may be stronger legally. Do you allege that other family members used undue influence to get him to change it?

DANDY DON IN OKLAHOMA ([email protected])

 

[betysue]

living trust

I was given many reasons by my siblings why I was not included. I do not know if it is stated in the trust, I was just never included. I guess you have answered my question by asking if he had a diagnosis at the time and was he medically compliant. This is something I can't prove without his doctor's records, but there was several "episodes" where his lawyer would call my brother and warn him about my uncle's unstableness. I just don't know where to go with this...it is quite upsetting as my siblings buy houses and cars. My uncle was paranoid that my then husband would not let me sign off on the crummy letter due to our lack of funds at the time.
I doubt lawyers take these cases pro bono. Just not sure what to do. Thanks.

 

[Zigner]

I was given many reasons by my siblings why I was not included. I do not know if it is stated in the trust, I was just never included. I guess you have answered my question by asking if he had a diagnosis at the time and was he medically compliant. This is something I can't prove without his doctor's records, but there was several "episodes" where his lawyer would call my brother and warn him about my uncle's unstableness. I just don't know where to go with this...it is quite upsetting as my siblings buy houses and cars. My uncle was paranoid that my then husband would not let me sign off on the crummy letter due to our lack of funds at the time.
I doubt lawyers take these cases pro bono. Just not sure what to do. Thanks.

Don't worry so much about it. It's not your money. Never was...

 

[betysue]

Well, the money was never my siblings' either. These cold-hearted type answers are not helpful. My belief is that this forum is to obtain helpful information, not to endure judgments.

 

[Zigner]

Well, the money was never my siblings either. These cold-hearted answers are not helpful.

It's not cold-hearted. It's truthful. If your sibling won the lottery, would you hold this much resentment? Live your life and let others live theirs.

 

[betysue]

Again, I came here for information. You have provided nothing but opinion.

 

[Some Random Guy]

Again, I came here for information. You have provided nothing but opinion.

Fact: Its not your money
Fact: It never was.
Fact: Your uncle cn leave money to whomever he wants, provided his creditors and Uncle Sam are paid first.
Fact: If your uncle was not diagnosed incompetent and you have no proof of undue influence by family members then you have high hurdless to overcome.
Fact: Your uncle's dislike or mistrust of your husband is a perfectly valid reason for him to leave you nothing.

Opinion: Yea, it sucks that your siblings were taken care of but you were left to live your own life.

 

[betysue]

I appreciate your somewhat less judgmental information, but the hard tone of these replies baffles me. Please, people, in the future rethink how you are coming across. From what I have read here and on other posts, this type of reply seems to be quite prevalent. It is unfortunate.

 

[curb1]

The situation that you have presented will be difficult to change. Your only hope is with the help of an attorney. The help will be expensive and most likely won't change anything. What do your parents (or anyone else) say about uncle's mental health? Are you alone in this diagnosis?

 

[Zigner]

I appreciate your somewhat less judgmental information, but the hard tone of these replies baffles me. Please, people, in the future rethink how you are coming across. From what I have read here and on other posts, this type of reply seems to be quite prevalent. It is unfortunate.

Judgmental? You are the one who came here complaining that your siblings get things that you don't. By the time my kids were 7, they knew better than to have that type of attitude.

 

[betysue]

To Zigner, I do not wish to have to read your negative, harsh entries anymore...please move on. I have read many of your other posts and consistently it is you who displays an attitude; and, it seems you have heard the same complaints about your attitude more than once. It also seems as if you use this forum as an opportunity to display it.

To Curb1, I thank you for your respectful answer and question. My uncle was diagnosed with a mental illness and was not taking his medications. There is much more to the story, but I obviously abbreviated the details here. I basically wanted to know what the criteria was for legitimately questioning a trust. I appreciate your candor about my situation and will act accordingly.

 

[TrustUser]

winning a trust contest is very unlikely. in your case, i dont see you as being successful. it would be one thing if he left everything to someone or some entity that was odd or suspicious. but he simply excluded one of his siblings, and left it to the others. this is not odd, nor does it look like the person was of unstable mind. i would think that you would need some pretty authoritative and substantial proof before any judge would rule in your favor.

 

[TryingtoAbide]

I was given many reasons by my siblings why I was not included. I do not know if it is stated in the trust, I was just never included. I guess you have answered my question by asking if he had a diagnosis at the time and was he medically compliant. This is something I can't prove without his doctor's records, but there was several "episodes" where his lawyer would call my brother and warn him about my uncle's unstableness. I just don't know where to go with this...it is quite upsetting as my siblings buy houses and cars. My uncle was paranoid that my then husband would not let me sign off on the crummy letter due to our lack of funds at the time.
I doubt lawyers take these cases pro bono. Just not sure what to do. Thanks.

I think if I had the misfortune of inheriting a large amount of money from a deceased relative, and my brother had been left out of the will (intentionally, or otherwise), I would ensure my loved ones (sibling, for example) were well taken care of. (I'd do the same if I won the lottery, and sort of do the same now--even without lottery or trust funds). I would NOT give money or liquidable items to my brother if, say, he had a substance abuse problem, gambling problem, etc.

I suspect there is a relationship between why you were not included in the will and why your siblings are buying themselves houses and cars (without buying you the same things).

It's not terrible that people don't sugar coat things for you. Nine times out of ten, it wouldn't offend if there wasn't some truth to it (or if the mentality in which the message received isn't that of a victim).

I'm not being harsh, but what the others said was true. I'm sure it hurts you, to some degree, that you were left out.

My advice: consider why you were left out, and why your siblings aren't sharing with you. If there's anything you've done that would warrant their decisions, fix it (for you--not the money). If not (and your family is just a bunch of you-know-what's), then let the em-effers have it, and make your own fortune. (It feels better when you earn it yourself, anyway.)

 

[betysue]

Thank you for your reply. My siblings are not upset with me; they feel badly about the situation, but have overspent so they have nothing much to share. Also, I was not offended by the "advice". I am offended when people make judgments when they don't know me or the situation. (Reread Zigner's posts). I am not displaying "attitude". Yes, I am hurt. Who wouldn't be--that is not the same as having "attitude" which I do not believe I should be accused of having. Thank you for your respectful comments. Please end this thread.