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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 41620
Experience:  Texas lawyer for 30 years in Estate law
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I received a trust inheritance. I never got along with my mother who had a trust issued t

Customer Question

I received a trust inheritance. I never got along with my mother who had a trust issued to me. Does a person have to be
mentally incapable or mentally ill to qualify for a trust? I am neither. My mother
never wanted me to have much. Please let me know ASAP.
Submitted: 2 years ago.
Category: Estate Law
Expert:  RayAnswers replied 2 years ago.
Hi and welcome to JA.I am Ray and will be the expert helping you tonight.
A trustor here, the person setting up the trust can leave assets in trust to beneficiaries of their choice.You do not necessarily have to be mentally challenged to be a beneficiary of a trust.
It may be possible to challenge a trust like a will if there was undue influence or the trustor here lacked capacity.You may consider this if you have these kinds of facts and wish to set it aside.
Here are cases in Washington where trusts were successfully contested.
You may well want a local Washington lawyer to file such a civil suit contesting the trust and terms as well.
Law on time limits to contest a trust.
Limitation on action contesting validity of revocable trust — Distribution of trust property.
(1) A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the trustor's death within the earlier of:
(a) Twenty-four months after the trustor's death; or
(b) Four months after the trustee sent to the person by personal service, mail, or in an electronic transmission if there is a consent of the recipient to electronic transmission then in effect under the terms of RCW 11.96A.110, a notice including:
(i) The name and date of the trust;
(ii) The identity of the trustor or trustors;
(iii) The trustee's name, address, and telephone number; and
(iv) Notice of the time allowed for commencing a proceeding.
(2) Upon the death of the trustor of a trust that was revocable at the trustor's death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust, unless:
(a) The trustee knows of a pending judicial proceeding contesting the validity of the trust; or
(b) A potential contestant has notified the trustee of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within sixty days after the contestant sent the notification.
(3) A beneficiary of a trust that is determined to have been invalid is liable to return any distribution received.
[2013 c 272 § 20; 2011 c 327 § 38.]
Lawyer referral with ratings plug in your city here in Washington..
I appreciate the chance to help you tonight.Good luck with the Trust contest here.Thanks again.