Court Contest of Trust Instrument In order to contest a Trust Instrument, there has to be some kind of impropriety, such as that the Trust Instrument didn’t have the proper legal formalities, like execution of the Trust Instrument without proper witnesses, notary, or other requirements, the Grantor or Settlor of the Trust Instrument lacked mental capacity (i.e., was senile or suffering from dementia), the Testament or the Settlor or Grantor of the Trust Instrument were under undue influence of another person, the assets of Trust were distributed in violation of state law, there was unclear, confusing, or ambiguous language in the Trust Instrument, there was a breach of fiduciary duty by the Trustee, Personal Representative, Executor or Executrix for failure to make proper or timely distributions, failure to make proper or timely accountings, failure to administer the Trust in the manner required by the document, self dealing, fraud or excessive compensation. Spiegel & Utrera, P.A. stands ready to help you to contest the Trust. Click here to submit information about your individual situation and an attorney will contact you. |