Is it worth the time and money to contest a trust? This process is possible, but it is usually time-consuming, financially challenging, and taxing to everyone involved. Contesting a trust consists in filing a lawsuit, which is expensive because of the legal fees to gather information, file with the court, work through discovery, and work through other required elements throughout this process.
Grounds for Contesting a Trust
The most common grounds to contest a trust include:
· Undue influence
· Lack of capacity
Consider the Financial and Emotional Toll of Contesting a Trust
Even if you can manage the financial costs of contesting a trust, don’t underestimate the emotional toll it can take. Often, these processes drag on for months and even years, which can increase your stress levels and wear you down over time.
Contesting a trust digs into complex family issues, especially since it’s usually family members fighting against each other. Consider the fact that people typically run out of emotional capital before they run out of financial capital.
So, if you decide to move forward with contesting a trust, it’s essential to hire a legal team with experience in this type of work. Make sure you work with a team that has a good track record and time-tested strategies to speed up the process and deliver satisfactory results.
Looking at the Strengths and Weaknesses of Your Case
When you contact a lawyer about contesting a trust, the legal team will evaluate the strengths and weaknesses of your case. Not every trust can be successfully contested, and you might be advised not to go through this process.
If there is enough evidence that you could potentially win the case, then a litigation attorney can assist with the entire process from start to finish. Understanding the reality of your situation will help you make the best decisions along the way, making it easier to determine the result you desire and what you are willing to put in to achieve these results.
Legal Advice from the Experts
Do you need legal advice about setting up or managing a trust? Miles & Hatcher, LLP, is here to help. Call our pro legal team when you want to schedule a free consultation: (909) 481-4080.