The Importance of Consulting an Attorney for Your Trust

January 2, 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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Can Anyone Contest a Will or Trust?

July 17, 2025
Yes, someone can contest a will or trust , but there are legal requirements and limitations. Here's a breakdown: Who Can Contest a Will or Trust? Generally, only people who have legal standing can contest: Heirs (like children or spouses) Beneficiaries named in the current or prior versions of the document Anyone who would inherit under intestacy laws if the will/trust were invalid Common Grounds to Contest A person must show legal reasons. Common grounds include: Lack of capacity The person who made the will/trust wasn’t mentally competent at the time. Undue influence Someone pressured or manipulated the person into changing their estate plan. Fraud The will/trust was signed based on lies or deception. Improper execution The document doesn’t meet legal requirements (e.g., not properly witnessed). Forgery The signature is fake or the document was altered. Time Limits (Statutes of Limitations) Timeframes vary by jurisdiction: Wills : Often must be contested shortly after probate starts (e.g., 30 to 120 days). Trusts : Deadlines can vary, often triggered when a trustee notifies beneficiaries. What Happens If a Contest Succeeds? The court may declare the will/trust invalid. The estate may pass according to a prior valid will or state intestacy laws. Note on "No-Contest Clauses" Some wills/trusts have a "no-contest clause" (also called in terrorem clauses). These threaten to disinherit anyone who contests the document—unless they have probable cause . Not all states enforce these clauses. If you think you have a reason to contest a will or trust, it’s best to speak to a probate or estate attorney right away—deadlines can be strict, and the process is legally complex. To learn more, call Ruth at Rhodes Law, P.A. at 321-610-4542 and schedule your consultation!

What does one do if a loved one has passed with no will or trust?

June 16, 2025
When a family member passes away without a will or trust (called dying intestate ), their estate is distributed according to the laws of the state they lived in. Here's a general step-by-step guide on what to do: 1. Get a Legal Pronouncement of Death: If it hasn’t been done already (e.g., at a hospital), a medical professional must pronounce the death legally. You’ll need this to obtain a death certificate. 2. Obtain Death Certificates: You'll need multiple certified copies (10–15 is common) for banks, insurance, property titles, etc. These are issued by your local vital records office or funeral home. 3. Determine the Estate's Executor or Administrator: If there’s no will, the probate court will appoint an administrator (usually the next of kin). You can petition the court to become the administrator if you're a close family member. 4. File for Probate - Probate is the legal process of settling the estate: Go to the probate court in the county where the deceased lived. File a petition for probate without a will . The court will appoint an estate administrator and officially open probate. 5. Notify Heirs and Creditors Send formal notice to all potential heirs and beneficiaries. 6. Identify and Inventory Assets - This includes: Bank accounts Real estate Vehicles Retirement accounts Personal belongings Some assets may pass outside probate if they have named beneficiaries (like life insurance or POD accounts). 7. Pay Debts and Taxes Use estate funds to pay valid debts and taxes. File the deceased’s final tax return . 8. Distribute the Remaining Assets: Once debts and taxes are settled: The court will distribute assets according to state intestacy laws , usually prioritizing: Spouse and children Parents and siblings More distant relatives if no close family 9. Close the Estate: After all duties are fulfilled, submit a final accounting to the court. If approved, the estate can be officially closed. Consider Talking to a Probate Attorney: Especially if: The estate is large or complex There’s family conflict You need help with legal paperwork Book your consultation with Ruth C. Rhodes of Rhodes Law, P.A. and let Ruth share her knowledge and experience in helping you with planning to meet your individual and family needs. With a commitment to excellence in Elder Law, she stands ready to assist clients at every stage of life, ensuring their rights and wishes are fully protected. So, call us at (321) 610-4542 and schedule your consultation today!