How to Contest a Trust in Ohio

Contesting a Trust

When you challenge the validity of a trust, you go through a process referred to as contesting a trust. The laws concerning this process vary from state to state, so it’s essential to reach out to an attorney experienced in trusts and estate law in your area.

Heban, Murphree, and Lewandowski have decades of experience in contesting trusts in Ohio and will take the time to answer any questions you have about the process. We can handle all sides of the probate dispute in the best interest of our clients. Whether you’re challenging a will or trust due to incompetence, fraud, or undue influence, we can help. Read on to learn more about trusts, the contesting process, and how we can benefit you.

How the Validity of Wills and Trusts is Determined

The first step to contesting a trust is filing a complaint in probate court. The probate process is a legal mechanism that allows the estate to be established and any challenges to be filed. Next comes acquiring medical records, the file of the attorney who drew the trust, and writing questions to all parties involved. Finally, depositions are conducted on persons with information.

During this process, we aim to determine whether a trust is valid. There are several reasons why a will or trust can be considered invalid. For example, it can be regarded as invalid if it fails to conform to state law. As a result, it is essential to update your will and trust when you move to a new state.

A trust is also frequently challenged due to a lack of testamentary capacity. Testamentary capacity means that the owner of a will or trust (the testator) must understand the will and trust when drafted and have full mental faculties. The testator must know the nature and extent of property and belongings that constitute their estate. They must also be of sound mind when establishing trust and have the mental faculties to know who is being written into their will.

Understanding Undue Influence

Undue influence often goes hand in hand with a lack of testamentary capacity. Suppose a beneficiary influences the testator to increase their claim on an inheritance or reduce another beneficiary’s claim. In that case, this may fall under undue influence and allow for a contested will and trust.

This individual may be a family member, friend, or caretaker of an elderly testator. If it can be proven that influence was attempted, the testator was vulnerable, and the outcome is affected. The offending beneficiary may be held ineligible to benefit from the trust.

Trustee and Conflicts of Interest

The trustee is required to act in the best interest of the beneficiaries at all times. As a result, naming a beneficiary as a trustee can complicate matters and create a conflict. Because being a trustee involves legal and financial decisions, an individual needs to be trustworthy and benefit by being educated in finance or law.

As a result, it’s not always best to name a friend or a family member as a trustee. Even innocent mistakes can result in delayed inheritances or trust contests. A trust may be contested regarding a trustee if there is suspected self-dealing by the trustee, breach of fiduciary duty, or theft of assets from the estate.

Other Common Scenarios Where Trusts are Contested

• The trust is amended by a different attorney than commonly used
• The trust unfairly benefits only one child and withholds inheritance from other children
• The trust is amended when the testator is under guardianship
• The trust was crafted or changed while the testator was gravely ill
• The trust was amended immediately preceding the testator’s death
• The beneficiaries of a trust are only a second spouse and exclude previous children

Determining Intent in a Trust

A trust is generally changed more frequently than a will. As a result, it may take more work to follow all of the trust documents to determine the owner’s intent. A trust often evolves significantly over its life and is amended time and time again. Because several uncommon procedural rules apply and few attorneys in Ohio oversee trust contests, finding a trusted firm with experience drawing and contesting trusts is imperative. A lawsuit to challenge a trust ensures that the deceased has their intentions honored via the trust.

If you have questions about contesting a trust or will or need help to support your side of a dispute, contact Heban, Murphree, and Lewandowski LLC today.