Most people are aware of the fact that you can contest a last will, but can you contest a trust in Indianapolis?
Acceptable Grounds
Your first thought with regard to an estate challenge may be that a disgruntled party really has no right to an inheritance, but he or she can’t accept reality. This individual did not maintain a good relationship with the decedent. The decedent was so distressed that he or she decided to disinherit the party in question. Case closed.
While the above type of scenario does exist, some estate challenges are in fact valid. There are certain grounds that are acceptable. These would include undue coercion, improper execution, fraud, and mental incompetence.
You could challenge a will on the above grounds. It would also be possible to challenge a trust if any of these circumstances existed.
Probate
Because of the fact that a last will must go through the process of probate, challenging a will is easier than challenging a trust. Probate exists in part to allow interested parties the right to come forward and issue a challenge if they have acceptable grounds.
All you have to do is utilize the probate process to state your case before the court.
On the other hand, asset distributions that are made through the terms of a trust do not go through probate. As a result, it is possible to challenge a trust, but it is more difficult because you are initiating a legal action that would not exist otherwise.
Preventing Successful Challenges
When you are interested in putting an estate plan in place, your first step should be a consultation with a licensed Indianapolis estate planning lawyer. During the initial consultation you should be very forthcoming about every detail that is relevant.
These talks can be sensitive. You are speaking with someone that you have just met. People are often reluctant to reveal intimate family details under these circumstances. It can be embarrassing to admit that you want to disinherit a child or some other close relative because you have a poor relationship with this individual.
While this is understandable, estate planning attorneys are used to discussing sensitive topics with their clients. Any time you speak with an attorney about anything, the conversation is protected by the attorney-client privilege. This is something that is inherently built into the process.
Your lawyer is your advocate. He or she will become apprised of your wishes and do whatever it takes from a legal perspective to make these wishes a reality after you pass away.
If you are aware of the possibility of a challenge, inform your attorney so that he or she can help you construct an estate plan that addresses this contingency.
Paul A. Kraft, Estate Planning Attorney
Mr. Kraft assists clients primarily in the areas of estate planning and administration, Medicaid planning, federal and state taxation, real estate and corporate law, bringing the added perspective of an accounting background to his work.
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