A trust helps to protect your property and distribute it to the correct beneficiaries. But what happens if the validity of that trust is in question? How can you resolve the matter? The Nashville trust dispute lawyers at MHPS are dedicated to ensuring the trust in question is disputed, rather than executed. We understand that trust disputes are difficult situations and will do all we can to resolve the issue as soon as possible.
Let’s say you doubt the validity of a loved one’s trust. How do you know if you have a claim? It’s important to know when it is the right situation to dispute a trust.
Some common reasons include:
If any of these situations are true, then only a person who has legal standing can file a claim. This includes people affected by the outcome of the lawsuit. This means one of the following can dispute a trust:
The probate court will decide whether the trust is valid. If it is invalid, the trust will be thrown out.
Before considering challenging a trust in Tennessee, you need to know if there is an ‘in terrorem’ clause. Also known as a no-contest or forfeiture clause, an in terrorem clause keeps beneficiaries from contesting the trust. If someone does try to contest the trust, that individual runs the risk of disinheriting or reducing their shares.
However, there are times when challenging a trust is necessary. Under the Tennessee Uniform Trust Act, a challenge can be made as long as the individual has “probable cause and reasonable justification.” This means the contestant needs to have a reasonable ground or justification to bring the action. This can be quite difficult to prove unless you have the right estate litigation attorney by your side.
For decades, the estate lawyers of MHPS have helped people across Middle Tennessee prepare a trust. We help our clients select the best person to administer the trust and step in as trustees when necessary. Our trust litigation attorneys know the complex issues surrounding building a secure trust and will do everything we can to make sure everything runs smoothly.
Contact our Nashville probate litigation law firm now for more information if you need legal assistance in contesting a trust or resolving any other trust and estate planning matters.
