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.
For 30 years an Emeryville Trust Attorney at The Law Offices of Thomas C. Tagliarini Attorney At Law has been successful in bringing forth the medical records, expert witnesses or other evidence that can be obtained from family and friends to support the rights of our clients in court. Our extensive experience in trust disputes results in a more efficient management of your case so that we avoid unnecessary, expensive and time-consuming maneuvers. Our goal in contesting a trust is to get you the best possible outcome in the fastest, least expensive way. Not only does hiring an Emeryville Trust Attorney save you unnecessary expenses, but it can spare you the emotional toll of extended litigation with your family members.
The first step in contesting a trust is to contact the Law Office of Thomas C. Tagliarini by phone at (510) 444-0692 or email for a free consultation with an Emeryville Trust Attorney. We serve Oakland, San Francisco and the surrounding counties of Alameda, Contra Costa, San Mateo, Santa Clara, and Marin.