i was written out of a trust
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
i was written out of a trust
A family member died recently and their trust was settled. Although I had been in the original trust, I found out I had been written out shortly after my wife died. she was an administrator ? of the trust along with my brother in law. My wife’s role in the trust was replaced by my sister in law. That was when I was written out. What are my options ?
Asked on April 28, 2017 under Estate Planning, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If you were written out by someone with the legal authority or right to change the terms of the trust, you have no recourse: trusts (and also wills) may be changed so long as they are done so by the person(s) with the legal power to do so, subject, however, to the following:
1) If the person making the change was not mentally competent when they did, the change is not valid;
2) If the person was threatened or coerced into making the change, it is not valid; or
3) If the person who made the change was tricked into it ("fraud") in some way, it would not be valid.
If you think that 1) - 3) applied, you could challenge the change with a lawsuit in chancery court to enforce the original terms of the trust. Or, you could sue if 4) you believe that the change was not done by someone with authority--or that there was no circumstance under which the terms of the trust could have changed (e.g. it was an irrevocable trust). In this case, too, you could bring a legal action to enforce the original terms.
So if you think that one or another of the above-referenced problems exist with this change, you should speak with an attorney about your legal options (e.g. about bringing a lawsuit).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.