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What are things that can be disputed in a trust?


Many Minnesota residents know how complicated estate matters can get. Not all families have estate plans that are fool proof, and often estate disputes emerge that were not expected. Many times, a person or a group of people will find fault with an aspect of a person's estate plan after they die. A trust dispute is one common occurrence.

Conflicts involving a person's trust are a fact of life. There are many reasons why a person would challenge a trust. One reason is that a trust beneficiary does not believe the trust reflects the person's wishes. A beneficiary may believe that the person was unduly influenced by another person, perhaps a new spouse or someone who may have something to gain from the trust. The grantor may have been manipulated or threatened by another person. A beneficiary may also claim that the grantor did not have the mental capacity to create a trust.

A person may also believe that the trust language is ambiguous. The language in the trust may be open to interpretation and may want the court to help determine what the grantor's original intent was. A beneficiary may also find that the trust no longer serves a purpose. The trust may cost more to administer than what the beneficiaries would receive. A court can help extinguish the trust in these circumstances.

There are many reasons why a trust may be disputed. If a person believes that a family member's trust has issues they may want to speak with a legal professional who is skilled in probate and estate administration. An attorney understands the legal ramifications of a trust and how to help their client with their dispute.

Source: corporate.findlaw.com, "How to contest a will or trust", accessed on July 3, 2017

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