A trust is designed to settle estate matters efficiently and according to the wishes of the one who created the trust, yet it can often be a source of disagreement and animosity among heirs. Contesting or defending a trust can be an expensive legal process and one that should be handled by a skillful Emeryville Trust Attorney.
Unlike a will, which must be verified as valid in probate court, a living trust is considered legitimate from the day it was created and notarized. The courts presume that the creator of the trust (the trustor) was mentally capable of creating his or her trust and that it was the product of their free will. In order to prove a trust is invalid, an heir must show evidence that the trustor was mentally incapacitated when the trust was created or changed.
Another common basis for contesting a trust is undue influence, which asserts that fraud was committed in the execution of the trust, or that involved threats, intimidation or manipulation of the deceased by another resulting in changed terms of the trust in their favor. If you believe that undue influence was exerted over your rightful inheritance, you will need to prove that someone exerted duress or psychological control over the deceased for the purposes of acquiring more of the inheritance for themselves.