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RayAnswers, Attorney
Category: Estate Law
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Experience:  Texas lawyer for 29 years in Estate law
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my father set up a revocable trust disinheriting his 4 children

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my father set up a revocable trust disinheriting his 4 children ... he said the assets could not be touched until the last grandchild was dead which would be in about 70 years. then the great grandchildren can divide up the assets....

the reason for my father doing this is because he is a CONTROL FREAK. he wanted us 4 girls to come out to farm and make new fence and we told him we were not going to, building fence is not a woman's job, we are all in our 50's... so he got sick in the head and said okay if we wont come to the farm to build fence then he disinherited us because he wasnt able to control us.

can this revocable trust be nullified at his death?
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Thanks for your question and good afternoon.

You would need a trust lawyer here to file a civil suit to challenge the trust.You would be claiming lack of capacity, and other grounds.You woudl have the burden to have the courts review the trust and his mental capacity at time he made the trust.

You may want to go on and locate a lawyer here so that he may gather affidavits or statements that support such a challenge.One of the problems with such a legal challenge is that over time people decease, relocate, or their memories fade, etc.The lawyer can seek to do this while he is alive and then discuss when to file your civil suit to set the trust aside.

It is possible to have a civil suit to declare the trust invalid but you will need a lawyer to do so as well as gathering evidence to support your suit here.

 

Here is the law pertaining to such suits and the time limits to file.

 

 

58a-604: Limitation on action contesting validity of revocable trust; distribution of trust property. (a) A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor's death within the earlier of:

(1) One year after the settlor's death; or

(2) four months after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust's existence, of the trustee's name and address, and of the time allowed for commencing a proceeding.

(b) Upon the death of the settlor of a trust that was revocable at the settlor's death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust. The trustee is not subject to liability for doing so unless:

(1) The trustee knows of a pending judicial proceeding contesting the validity of the trust; or

(2) a potential contestant has notified the trustee of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within 60 days after the contestant sent the notification.

(c) A beneficiary of a trust that is determined to have been invalid is liable to return any distribution received.

 

 

It has been my pleasure to assist you today.Please let me know if you have more follow up.Thanks again.

 

 

 

Customer: replied 1 year ago.

THANK you very much for your time and information.


 


 

Expert:  RayAnswers replied 1 year ago.
Here is ABA approved lawyer referral to find you a trust lawyer to file such aa suit.

http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=KS

Thanks again for letting me help you today.Good luck with the lawsuit.If you can leave a posiitve rating it is much appreciated.
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 29259
Experience: Texas lawyer for 29 years in Estate law
RayAnswers and 8 other Estate Law Specialists are ready to help you

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