Wilmington, NC asked in Estate Planning for North Carolina

Q: Can the distrubtion of a trust be held up because 2 of the 7 beneficiaries are contesting the trust

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Estate Planning Lawyer
  • Fowlerville, MI

A: Absolutely yes. If the trust is being contested -- legally -- then distribution would HAVE to be delayed pending the outcome of the challenge!

One of the big 'myths' of trust vs probate administration is that 'you can't challenge a trust' ... as you've noted -- of COURSE you can challenge a trust! Not only that, but if someone does challenge the trust, it goes to the same court to resolve the challenge that would handle a probate estate, with essentially the same if not higher costs than probate would entail.

Be sure you know what you're doing and you have competent legal help both in preparation of trusts and wills and in responding to challenges if one happens!

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

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