Estate Planning – Living Trust Features

In California, a living trust “contest” means that someone, usually a relative or close friend, believes that the “trustor” (the deceased person that made the trust) was mentally incapacitated and/or unduly influenced when s/he signed the trust document.
A contest issues the validity of the trust (or amendment) and asks the courtroom to declare that the incorrect trust instructions be stricken.  For more information about living trust or estate planning you can visit http://tompkins-law.com/.

The insurance policy of the legislature and courts is to flex over backwards to honor the objective of the trustor. Usually, a disinherited beneficiary is merely annoyed when s/he discovers that the trust leaves them no money, or a smaller amount than they thought they might receive.

But sometimes, the trustor agreed upon the document at the same time when s/he lacked the mental capacity to comprehend what these were doing, or were unduly affected into putting your signature on. When this occurs, a trust competition can be registered to concern the validity of the report.

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For the courts, the emphasis is on demonstrating the trustor’s state of mind at that time the file was signed. This is difficult, in particular when the only see present through the putting your signature on may be the individual who unduly inspired the trustor.

Among the strongest bits of evidence to confirm incapacity or undue effect are medical data that report the trustor’s state of mind. It’s unlikely that you will find a medical report that attests to the trustor’s insufficient mental capacity, and was well prepared on a single day the questioned trust file was authorized. However, an elder legislations legal professional can subpoena medical files to obtain proof mental evaluations used near to the time of the trust document’s putting your signature on. Such documents may help out with proving insufficient capacity.

Other evidence will come from members of the family and friends who had been in regular connection with the trustor and acquired personal proficient in his / her mental capacity.

A qualified expert witness can also review medical records, interview witnesses, review deposition transcripts, and provide compelling testimony regarding the trustor’s state of mind at the time the trust document was signed.

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