How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 101381
Experience:  Fully licensed attorney in Texas in private practice.
7286322
Type Your Estate Law Question Here...
Ely is online now
A new question is answered every 9 seconds

ELY In the Trust documents it said that if Rodney or I

Customer Question

ELY
In the Trust documents it said that if Rodney or I Contest the Trust we could lose our payments. Is that true do we have to be afraid for just trying to receive what really is ours anyway? Please help
Submitted: 10 months ago.
Category: Estate Law
Expert:  Ely replied 10 months ago.

Hello again. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

This is not that uncommon. By this, I mean "no contest clause," or also known as an in terrorem clause. See HERE. If the trust really has such a clause, then it can void the beneficiary's rights under a trust if the beneficiary contests it.

But, understand that arguably, asking to see the trust documents is not contesting the trust. However in the end, it depends on what the in terrorem clause says exactly, and whether or not it includes requesting documents as a "contest" (normally it would not).

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 10 months ago.

Hello again. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

This is not that uncommon. By this, I mean "no contest clause," or also known as an in terrorem clause. See HERE.

If the trust really has such a clause, then it can void the beneficiary's rights under a trust if the beneficiary contests it.

But, understand that arguably, asking to see the trust documents is not contesting the trust. However in the end, it depends on what the in terrorem clause says exactly, and whether or not it includes requesting documents as a "contest" (normally it would not).

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 10 months ago.
Sandra,
Your last new question was closed as a duplicate and the answer was redirected here.
In the Trust papers it said if we contest at all we would lose our monthly payments can they do that? My husband is scared for his family. Thank You Sandra
See my original answer above as it applies 100% to your follow up.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Expert:  Ely replied 10 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!