A contest to invalidate trust is a lawsuit that gives a person the right to object to the validity of that trust. If the court throws out the trust if the lawsuit proves the trust invalid. The outcome can be troublesome for the clients. The time duration to contest for invalidation of trust varies from one state to other. Some states give a decision on the lawsuit within the few months from the start of the contest while in some states this time duration can extend up to a few years.
Legal situations when a person can file a petition
Generally, there are four situations when a person can file a petition to invalidate a trust
- The specific law that declares a trust valid is different for different states. In the case, where a trust does not possess the signatures as per the requirement of the state law then a person can file to invalidate a trust.
- There are standard laws for each state that incapacitates a person from signing a trust. In situations where a person signs for a trust without an understanding of his assets, family relations,and legal effect then a petition rises.
- In a situation where a person signs for a trust under some unduly influence then a person can file a petition.
- A person can file a petition in a situation when someone signs on a document considering it to be some other type of document under the influence of some fraud person.
There are several ways to resolve a petition to invalidate a trust california laws makes a person file the petition in probate courts. The petition must support the facts that claim the invalidity of the trust. The allegations for cases of fraud must specifically be pleaded. That means that the petition must clearly state the circumstances in which the fraud occurred.
It is necessary to understand that only those parties to whom the outcome of the lawsuit directly affects can file the petition. In order to deal with such lawsuits, one must have a clear knowledge of the claims and laws.