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N Cal Attorney
N Cal Attorney, Attorney
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Experience:  since 1983
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Need detailed knowledge of no contest clauses in trusts. I

Customer Question

Need detailed knowledge of no contest clauses in trusts. I have a pending lawsuit against the trustees of my family trust for committing a number of torts against me in Kansas that have nothing to do with the trust but they are hiding behind the protections of that trust and the "sole and absolute discretion" they have given themselves. They have also just sent me a notice that I've violated the no contest clause for filing this lawsuit in Kansas and am no longer a qualified beneficiary. It is a Missouri trust and Missouri strictly enforces those clauses..
Section 58a-107 (Governing Law) of the Kansas Uniform Trust Code states:
The meaning and effect of the terms of a trust are determined by:
(1) The law of the jurisdiction designated in the terms unless the designation of that jurisdiction's law is contrary to the law of the jurisdiction having the most significant relationship to the matter at issue; or
(2) in the absence of a controlling designation in the terms of the trust, the law of the jurisdiction having the most significant relationship to the matter at issue.
Now Kansas definitely has the most significant relationship to the matter at issue but the trust designates Missouri jurisdiction. Kansas law is contrary to missouris when it comes to enforcing no contest provisions so is the argument here that Kansas law governs the clause and Missouri law governs those issues that are not contrary?
Submitted: 2 months ago.
Category: Legal
Expert:  N Cal Attorney replied 2 months ago.

Thank you for your question.

Where was the trust created? Where is it's principal place of administration?

What is the exact wording of the no contest clause?

This is critical, see case noted at pages 14-15 of

http://www.americanbar.org/content/dam/aba/events/real_property_trust_estate/nclcf/2015_06/nclcf_2015_06_03_2014_utc_case_summaries.authcheckdam.pdf

Customer: replied 2 months ago.
It was created in Missouri by my grandfather where he died in 2012. but I live in Kansas which is the lawsuit Ive got on file right now. I haven't even filed in Missouri yet and from what I hear Kansas can try the case under Missouri law but that first section I stated above has me thinking.. Here is the clause;"Any person who has been given an interest in a trust estate under this trust agreement institutes or joins in (except as a party defendant) any proceeding to contest the validity of this trust agreement or any of its provisions, or to challenge the trustee's discretion regarding distributions of income or principal, all benefits provided for that person shall be revoked and those benefits shall pass as though the person were not then living. this provision shall apply regardless of whether the proceedings are instituted in good faith or with probable cause"
Expert:  N Cal Attorney replied 2 months ago.

What are you suing them for, and does it have any relation to the trust or to their stastus as trustees?

Customer: replied 2 months ago.
Kind of but not really. These are the trustees of my grandfathers trust and after my dad died a few years ago they ripped up his will and made my mother sign everything into another trust they control. I really wasn't too upset but they have since shown that they had no intention on managing it responsibly. I'm suing because the plan they put in place to prevent me from suing them has caused a lot of problems. Basically, they are trying to have me declared legally incompetent. I've discovered almost s dozen false police reports and almost 30 pages from the local mental earth department outlining the effort. The first report says they didn't have enough evidence, the rest of them were supposed to serve as that evidence. Every one of them says I'm either suicudal or somehow dangerous. None of them are even remotely true. There is so much more but that gives you the general idea. Here is where the no contest clause comes into play... They switched me to a crooked doctor a few years ago, I see s psychiatrist for depression and one day out if the blue he told me he was going to transfer me to a colleague of his. I can definitely prove that this new doctor was reporting me to the trustees but she would lie to me about it. She's currently under investigation. When I finally realized that the trustees did not have good intentions by all of this I told them I was sick if it and that I was going to sue them. They cut off my income and I stopped going to see their doctor. They started saying that they cut it off because I stopped going to the doctor (a tough love thing I guess) so I played the game a while and sent them "verifications" that I was going to my own doctor which they accepted however they never did reinstate the income. In my petition, I point out the fact that they didn't reinstate the income even after I verified the doctor issue but I only mentioned it to show that they were punishing me for threatening to sue them... It was an example meant to show that it had nothing to do with going to the doctor. It's crazy I know but they are now saying that I've violated the clause because I mentioned the fact that they didn't reinstate my income in the petition. I think I'm Missouri I might have violated it but I don't think Kansas law will interpret it that way.
Expert:  N Cal Attorney replied 2 months ago.

I am sorry but this is too complicated for me to resolve on line, and I do not have good access to either Kansas or Missouri case law.

You can get a free consultation from some of the Kansas trust attorneys listed by location here.

You need an attorney in Kansas to review the lawsuit and the trust documents. It was illegal for them to tear up a Will.

Please follow up on this with a local attorney.

Customer: replied 2 months ago.
I know it's complicated, I just need to know about the no contest clause, would you say thatbive violated it by pointing out that they didn't reinstate my income even after I followed their direction? I'm not asking for anything else besides info about that clsuse
Customer: replied 2 months ago.
you had asked me quite a few questions about my original concern and I thought you might be able to assist. Would you mind reposting the question for someone else or I could ask another if you would prefer?
Expert:  N Cal Attorney replied 2 months ago.

What other question do you have?

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