Do I Have Standing for a Trust Contest?
Scott and Ascher on Trusts is widely regarded as the leading American authority on the law of trusts. That’s why I keep its set of eight volumes on my desk and within easy reach.
It’s full of practical advice on protecting the rights of beneficiaries and would-be beneficiaries. I read it regularly and search for insights that might have eluded me.
Trust challenges, for the most part, arise from the actions of an existing trustee or prior actions of beneficiaries that unduly influenced the trustor – the maker of the trust. Most of these trusts have more than one beneficiary or would-be beneficiary who can sue to overturn, enforce or otherwise affect the trust and the distribution of trust assets.
My early conversations with a trust caller must carefully address whether the caller has a beneficial interest in the trust. Lacking such an interest, the caller might lack standing to maintain a lawsuit against the trustee.
Depending on the make-up of the family of the trustor, a surviving sibling, former spouse, niece or nephew may not have standing to challenge the trust in court. There may be exceptions to the rule.
That’s why it makes sense that questions about beneficiary trust rights be posed to lawyers who regularly litigate in the field. That’s what we do at Hackard Law.
Call us at 916 313-3030 or visit our website at hackardlaw.com if you want to learn more about your rights as a trust beneficiary.
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