The Importance of Consulting an Attorney for Your Trust

Jan 02, 2024

What is a trust?


A trust is a legal arrangement where assets are transferred from the owner to the trustee. The trustee then manages these assets on behalf of the beneficiaries named in the trust agreement. A trust can be created during the lifetime or after death, and it can be revocable or irrevocable.


Can a trust be contested?


Yes, a trust can be contested just like any other legal document. Contesting a trust means challenging its validity or some aspects of its terms.


Reasons why a trust may be contested:


- Lack of capacity: This means that at the time when creating the trust, the person was not mentally capable of understanding what they were doing

- Undue influence: This happens when someone exerts pressure on another person to create or change their estate plan

- Fraud: If someone creates false documents or misrepresents facts to induce another person into creating or changing their estate plan

- Mistake: When there is an error in drafting, signing, witnessing, or executing documents related to trusts.


How to prevent a trust from being contested?


The best way to prevent contests over your trusts is by ensuring that you have done everything correctly and with full knowledge and consent. Some ways include:


- Work with experienced attorneys who specialize in estate planning

- Ensure that all documentation meets state laws

- Make sure everyone involved understands what they are agreeing too


What to do if a Trust Is Contested


If you suspect your loved one’s trust might get challenged before probate court even begins; contact our attorney office immediately! Our team has years of experience handling cases involving disputes over estates – including those involving trusts – so we know how best protect your family’s interests. 


The importance of consulting an attorney in Melbourne, FL


Consulting with an attorney who specializes in trusts and estates is essential to ensuring that your wishes are carried out as you intend them to be. An experienced lawyer can help you create a trust that meets all legal requirements, and they can also provide guidance on how to avoid potential contests over the trust's validity. In conclusion, creating a trust is an important step in estate planning, but it's crucial to ensure that it's done correctly to prevent any disputes or challenges from arising later on. Working with an attorney who has experience handling trusts and estates will give you peace of mind knowing that everything is being handled properly according to state laws. Contact Rhodes Law, P.A. today at (321) 610-4542  for more information!


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