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Q
What are the grounds needed to contest a trust?

A

If you discover that your loved one’s trust was not what he or she intended and you have probable cause and are a beneficiary or interested person of the trust, you can contest the trust’s validity.

In order to contest a trust in Georgia—many reasons can lead to a trust being challenged—you will need to establish one of the following grounds:

  • The person who died was not competent and was not mentally sound at the time the trust was signed. For example, did the trustor suffer from Alzheimer’s disease? Grounds have to be established that the trustor was mentally incapacitated at the time the trust was created.
  • The trustor who died was under the influence of someone who stood to benefit from the new terms of the trust. In cases such as these, a person often pressures the trustor into doing what he or she wants by withholding medications or threatening harm. Sometimes a person benefits under the trust by telling the trustor to sign something that will benefit an entirely different person than what the trustor wishes.
  • The trustor did not create the trust, as the signature was forged or fraud was involved.
  • The trustee has breached his or her fiduciary duty and his or her actions regarding the management of the trust are being questioned.
  • The trustee failed to distribute the principal of the trust to the beneficiaries and abused his or her duties.

When a trust is contested, the court will hear the reasoning for the claim. In order to have a sound claim, you will need evidence to support your contested trust. In order to successfully challenge a trust’s validity or the actions of a trustee, you should have a skilled Georgia trust litigation attorney on your side. Contact the Law Offices of Shane Smith at 770.487.8999 to speak with a knowledgeable Peachtree City trust litigation lawyer today.

Shane Smith
Advocate for the Seriously Injured in Georgia