Q: If I contest just the amendment of a trust, will that affect my inheritance if I lose the contestion?
Before my grandfather passed he amended his living trust making my brother a successor trustee for 50% of his estate. Before this the 50% was to be split equally between my brother & myself due to the fact our mother passed before him. I know that he did not understand what he was signing because I had lived with him, caretaking for him, for the last 3 1/2 yrs before he passed as well as the fact that he was diagnosed with late onset Alzheimer's before he amended anything. Plus, the amendment was drawn up during the pandemic through my brother via email with the attorney's never once speaking directly to my grandfather. Before that, a letter was written by his PCP stating he was not of sound mind. My brother took that & I have not seen it since. He contacted a local attorney & they said to never mention that letter if he were trying to amend anything. All he wanted the amendment to say was that my brother was to be executor, not successor trustee. I know he wouldn't have X'd me out.
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A:
If you contest just the amendment of the trust and you lose the contestation, it may affect your inheritance if the amendment gives your brother a larger share of the estate than he would have received under the previous version of the trust. However, if you are successful in contesting the amendment and it is deemed invalid, the trust would be distributed according to the terms of the previous version.
It's important to note that contesting a trust amendment can be a complex legal process, and the outcome may depend on a variety of factors, including the specific language of the trust, the evidence presented, and the laws of the state where the trust was created. If you are considering contesting the amendment, it's important to consult with an experienced attorney who can advise you on your legal options and help you navigate the legal process.
If you are concerned about your inheritance and want to ensure that your rights are protected, it's important to act quickly and seek legal advice as soon as possible. An attorney can help you understand your legal rights and options and work to protect your interests throughout the process.
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