Estate Law Questions? Ask an Estate Lawyer.
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.
THANK you very much for your time and information.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).