Litigating probate is one thing; litigating a trust is a whole other beast. Because a trust is not public record, and because they do not directly payout to specific beneficiaries, it is much tougher to contest the terms of a trust than it is a will or probate.
Where probate litigation focuses on people and property included in an estate, trusts focus on those people and property that are directly owned by the trust. Because of this, neither probate litigation nor trust litigation will affect how the other is distributed.
There are many reasons to litigate a trust:
- A trust was signed by someone without the mental capacity to do so
- Undue influence
- Breach of Fiduciary duties
- Forgery or fraud
- Claims by a creditor
- Disputes between a trustee and a beneficiary
If you are seeking to reinterpret, reform, modify, or terminate a trust, or would like to fight the validity of a trust or trustee, call King Law Firm Attorneys at Law, Inc. for a consultation.