Key Takeaways
- Online communication tools have made it easier to contest a trust without being physically present in court.
- To contest a trust from home, it’s important to remain in close contact with your attorney, whom you can rely on to file petitions in court on your behalf and maintain communication through online tools.
- Contesting a trust remotely offers the advantage of saving time and travel, but can present challenges like keeping up with communication.
- A trust litigation attorney will be able to support you in contesting a trust from home by helping file necessary petitions, compiling evidence, and attending court hearings.
Introduction
Beneficiaries, heirs, and other interested parties in an established trust have the right to contest the trust instrument if they believe they have legal grounds and standing to do so. Signs of incapacity or suspicion of undue influence against a trust creator may justify initiating a trust contest to protect the intent of the trust creator and secure access to one’s rightful inheritance.
However, the desire to contest a trust and protect the interests of beneficiaries doesn’t necessarily mean that you have the time and ability to follow through on the legal contest. Fortunately, an attorney can be a valuable resource in the process by supporting you through several steps so you will be able to handle a significant portion without having to physically attend court. This guide covers the key considerations to factor in when seeking to contest a trust without having to physically attend court as much as is possible.
Understanding Trusts and Trust Contests
What Is a Trust? What Is Its Purpose?
A trust is a legal arrangement where an individual, typically known as the grantor or trustor, leaves their assets to be managed by a trustee for distribution to identified beneficiaries. The primary purpose of a trust is to serve as an estate plan for guiding how assets should be distributed upon the death of the grantor or trustor. Other reasons to create a trust include protecting trust assets from creditors, reducing estate taxes, and avoiding probate.
What Is a Trust Contest?
A trust contest is a legal challenge calling into question the legitimacy of a trust instrument. The party contesting a trust may challenge the validity of the trust as a whole, contest specific provisions of the trust, or seek clarification regarding vague terminology.
Common reasons for contesting a trust include:
- Belief that the trust was procured through fraud or undue influence
- Suspicion that the settlor did not have the mental capacity to create a valid trust
- Having evidence that the trust was executed improperly
Beneficiaries or potential heirs are most likely to pursue a trust contest when they believe the trust does not accurately reflect the true intentions of the grantor or that they are not being carried out properly by the trustee.
Can You Contest a Trust From Home?
Yes, with the increased availability of online and remote tools today, you can contest a trust from home. However, it’s important to clarify that the entire process does not happen from home. While many courts allow the electronic filing of motions, which saves time, money, and difficulty, certain processes must still happen in the courts, such as initial hearings where virtual court or phone attendance are not available to the general public or the hearing for the final contest proceeding. Some courts require documents to be filed or picked up in person. Fortunately, having an experienced trust contest attorney to support you in carrying out these processes can empower you to navigate this from home.
Advantages of Initiating a Contest From Home
Initiating a trust contest from home is beneficial for saving time and stress, offering several potential benefits. Because contesting a trust from home is less demanding and involves less commitment, it may also make an interested party more likely to initiate a trust contest.
The option to contest a trust from home offers all the following benefits:
- Preserving Trust Interests – The demand of attending court hearings and submitting court petitions in person may dissuade parties from initiating a trust contest, which could jeopardize the interests and the wishes of the trust creator. The ability to contest a trust from home may make individuals more likely to advocate for the protection of the grantor’s wishes.
- Accessibility – Remote options can make the trust contest process more accessible for individuals who may have difficulty leaving the home.
- Smoother Mediation – When the trust contest already happens remotely, it can pave the way for the mediation process to take place remotely as well, making it easier for multiple parties to attend, which makes a possible resolution more attainable.
- Reduced Stress – Having already experienced the difficulty of the loss of a loved one, the idea of sitting in court during a challenging emotional state could be even more intimidating and daunting to some. The ability to contest a trust from home can offer more peace of mind.
Having an attorney to support you through this process is beneficial for taking a significant weight off your shoulders. An attorney can serve as a valuable resource for guiding you through the necessary steps and acting as an ambassador with the courts to help you navigate the process without having to attend hearings in person.
Potential Challenges and Considerations for Remote Contesting
Potential challenges with contesting a trust remotely include the need for extra due diligence. It may not be as easy to grasp all of the important information from each hearing as it would normally be to attend in person. Without attending court hearings and having frequent in-person visits, it may be easier for some information to be lost in translation.
The challenge of receiving adequate information is often easily addressed by having a skilled attorney who is experienced in handling cases remotely. It will be important to choose an attorney experienced in remote trust contests to provide you with detailed notes and maintain strong communication to relay all the necessary information.
Another important consideration is that it is impossible to contest a trust completely online. However, an attorney can certainly simplify this process by facilitating it through the courts for you. For example, your attorney can assist with filing motions with the court and attending hearings on your behalf.
Who Has Legal Standing to Contest a Trust?
Identifying Eligible Parties (Beneficiaries, Heirs, etc.)
Anyone who has a financial stake in the outcome of a trust has the right to contest it. The interested party must also have standing, which means that they have a financial stake in the outcome of the trust contest itself. If the outcome of the trust contest would not have any impact on your right to an inheritance, you may not have standing.
Because beneficiaries are entitled to a share of an inheritance, they typically have legal standing to pursue a contest. Legal heirs who would have a right to receive a distribution from a trust may also have standing. A creditor may also be considered an interested party if a trust contest can increase their ability to acquire a share of the estate.
What if You’re Not a Direct Beneficiary?
If you’re not a direct beneficiary but are still an interested party in the trust, you may still have standing to contest it. For example, if you are a legal heir of the decedent, who was excluded from the trust and the trust being invalidated would result in you receiving a share of an inheritance through intestate succession, you would typically have standing.
However, if you are not a direct beneficiary and have no interest in a trust or the outcome of a trust contest, you would not be eligible to contest it. That said, individuals who were owed money by a decedent may be able to raise a creditor claim against the estate for money owed unrelated to the trust. Creditors may be able to receive money from a trust in some cases. If they believe their creditor claim was wrongly dismissed, they may have the option to pursue legal action against the estate.
It’s advisable to consult an attorney to discuss the circumstances surrounding your case and evaluate your standing as an interested party in the trust before considering a trust contest.
Steps for Contesting a Trust From Home
The process for contesting a trust may look different for everyone, but the following steps describe the general process that one may anticipate.
1. Secure the Trust Document
Reviewing the trust instrument is the first step in any contest so that you can assess its validity. A trustee has the fiduciary duty to send a copy of the trust instrument to all interested parties in the trust. If you do not receive a copy of the trust document, you can request one from the trustee, and, if you are entitled to a copy, they must provide you with one. To determine whether you are entitled to a copy, you should discuss your situation with an experienced trust litigation attorney. Because trusts are not a matter of public record, they will not be available through the county clerk’s office.
Once you have obtained a copy of the trust, be sure to carefully review the terms in the document to assess whether they appear accurate and in line with the grantor’s previously communicated intentions. If you notice any contradictions between the trust document and previously communicated wishes, it is important to take note as you gather evidence for a contest.
You should also review the trust document for any terms related to the process of contesting it. For example, some trusts may include no-contest clauses to dissuade frivolous trust contests. Although a no-contest clause is not always enforceable in cases where the contest has legal grounds, you should discuss your options with an attorney if you are considering contesting a trust with a no-contest clause to determine your risk in proceeding with a claim.
2. Research and Understand Applicable Law and Deadlines
When considering contesting a trust, it’s crucial to understand state laws and the statute of limitations surrounding estate disputes so that you can ensure you are within the deadline. You may lose your opportunity to contest the trust if you are not within the appropriate timeline.
For example, in California, you have either 120 days following the notification of the trust administration process, as outlined in Probate Code section 16061.8, or 60 days from the day a copy of the trust instrument is provided within that 120-day window. In Texas, because the deadline depends on the specific legal theory and whether the contest is based on grounds like fraud, undue influence, or lack of capacity, deadlines vary and consulting a local attorney is essential to determine the applicable statute of limitations in any given case. In any case, it is important to initiate this process as soon as possible to avoid losing your ability to contest the trust.
3. Consult with an Experienced Trust Litigation Attorney
One of the most important steps in the process is consulting an attorney, who will help you understand your legal rights to contest a trust, whether you have grounds for a contest, and all necessary next steps. Your attorney will essentially act as a middle ground between you and the courts, helping you file motions, build your case, and receive updates on the process.
Fortunately, you can speak to your trust attorney virtually. Between your phone and the increased availability of online conferencing tools, you can very likely navigate the majority of the process from home. It is entirely legal to have nearly all contact with your attorney through phone calls, email, text, or video conference tools like Zoom, Skype, FaceTime, and GoToMeeting.
4. Build Your Case: Gather Evidence
Evidence is crucial to proving your contest in court, as the burden of proof lies on the party contesting the trust. The evidence necessary will depend heavily on your reason for contesting the trust. For example, in a case that contests the settlor’s testamentary capacity to create a valid trust, evidence may include tangible evidence like medical records demonstrating a lack of testamentary capacity. Meanwhile, in a case of trustee breach of fiduciary duty, evidence may include an accounting demonstrating irresponsible trust transactions or evidence or a track record of unanswered requests for information.
When contesting a trust from home, you will remain in close contact with the trust litigation attorney, who will provide updates on the process. You can support your attorney in the process by providing contact information for other potential witnesses, sharing your communication history between you and the settlor, and providing copies of trust accountings.
5. File a Petition to Contest the Trust
Finally, once you and your attorney have gathered all important information, you can file a court petition to initiate the official trust contest. This petition should summarize your reasoning for contesting the trust and the evidence that supports your claim. For example, you may summarize suspicious behavior you have experienced while interacting with the trustee, such as a lack of response to requests for information and your concerns regarding missing trust assets that are not described in trust accountings.
It’s advisable to contest the trust with the support of your attorney to ensure that your petition is complete and covers the necessary information to increase your petition’s chance for success. Although you cannot fully contest a trust online, your attorney will provide support by using available technologies to gather your information and documents, handle your court hearings, and negotiate a favorable resolution after the petition is filed.
Most courts will allow you to electronically or virtually sign related documents, allowing you to handle most of the process from home through the support of your attorney to coordinate important steps.
What Happens After Contesting a Trust From Home?
After contesting a trust from home, you should maintain close contact with your attorney. Your attorney will be able to provide consistent updates surrounding the process as they file the court motion electronically and await a court hearing. They will follow up with you if they need more information.
In some cases, trust contests can be settled through the mediation process, which is often a much more desirable option than going to court, offering savings for time and money. Mediation, which often can also be conducted virtually through Zoom or another video conferencing tool, allows all parties involved in the dispute to come together to seek a favorable resolution. If you contest a trust from home, your attorney may suggest this dispute resolution method first to avoid further litigation.
If parties are unable to resolve the contest outside of court, the court will then hold a trust contest proceeding. During the proceeding, the party contesting the trust and any parties defending the current trust, typically the trustee, will present evidence for their belief that the trust is, in fact, valid, and the court will rule on the case based on the evidence from both sides.
Contest a Trust With Confidence With RMO Lawyers
Technology has made contesting a trust easier than you think, even allowing you to contest a trust from home. With online communication tools, you can navigate a strong portion of the trust contest process without having to be physically present in the attorney’s office, provide hard-copy documents, or physically attend court.
The trust litigation attorneys at RMO have substantial experience working with remote clients, and we’ve been able to help them obtain their rightful inheritance and trust distributions. We use a combination of tools and technologies to simplify the process for our clients. Whatever challenge you may be facing that may make addressing an estate conflict, will contest, or trust dispute difficult, our trust litigation attorneys may be able to help.
Schedule a consultation to discuss your case and explore your options for contesting a trust.
Frequently Asked Questions
Contesting a trust means questioning the validity of the trust instrument, or some portions within the trust instrument, through a legal process in the courts. A trust contest may be settled either through litigation in court or through an alternative dispute resolution method like mediation or negotiation, where multiple parties can come together. If this approach does not work, a trust contest will be decided by a judge in probate court.
When a trust is contested, both the contesting party and the trustee defending the trust will lay out their case, gather additional information, documentation, and evidence, and ultimately present the evidence in that case, focused either on why the trust should be invalidated or upheld in its current form. Often, trust contests can be resolved during discovery and before entering the court by working out the issue through mediation, where each interested party can present their case for a favorable outcome.
However, if mediation fails to yield a compromise, the contest will be decided by the probate court after reviewing the evidence presented to assess the validity of the trust instrument, its execution, and its administration. If the contest is successful, the trust instrument may either be invalidated or amended.
Interested parties, meaning individuals or entities who have a financial stake in a trust and the potential outcome of a trust contest, can contest the instrument. These parties may include a beneficiary interested in contesting a trust to receive a greater share of an inheritance or an heir omitted from the document, contesting that they should have been included.
You can contest a trust on the grounds that it is invalid and does not accurately reflect the true intentions of the decedent. More specifically, grounds to contest a trust generally include suspicion of undue influence, fraud, forgery, lack of mental capacity, or lack of proper execution. To contest the trust, you will need to have strong evidence affirming this suspicion, as the court seeks to honor the settlor’s intent and avoid frivolous contests. Explore our decision tree resource to determine whether you have grounds to contest a will or trust.
Yes, a trust can be contested before death in some cases, typically when the settlor no longer has the mental capacity to make their own decisions. A common example is if the settlor makes significant changes to their trust after becoming incapacitated due to dementia. A beneficiary may be able to contest the amendments on the grounds that they lacked testamentary capacity to change the trust and that the trustor was the victim of financial elder abuse.
Glossary
Grantor – An individual who creates a trust with the intention of distributing their assets to identified beneficiaries.
Settlor – An individual who creates a trust with the intention of distributing their assets to identified beneficiaries.
Testamentary Capacity – A testator’s ability to make sound financial and legal decisions at the time of the creation of their will.
Trust Contest – A legal process where a party challenges the validity, terms, or administration of a trust.
Undue Influence – When an individual asserts influence on a vulnerable person to the degree that the compromised person’s will is overcome, often to make changes to their estate planning documents, retirement and insurance policy beneficiaries, bank accounts, and real property, for their own personal, unfair gain.
