Stockton, CA asked in Criminal Law, Civil Rights, Elder Law and Estate Planning for Oklahoma

Q: What can i expect when looking to hire a trust lawyer to overturn an irrivocable trust that was created after grantor

After grantor was diagnosed 3dif times with dementia also trust was signed before ranch was purchased and poa became successor trustee due to fathers incompetence sep 08 2022 before new amended irrivocable trust had been signed

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: When seeking to hire a trust lawyer to challenge or overturn an irrevocable trust, particularly under circumstances involving the grantor's mental capacity at the time of the trust's creation, you can expect to navigate a complex legal process. Lawyers in this field will first review all relevant documents, including the trust agreement, medical records regarding the grantor's mental capacity, and any Power of Attorney (POA) documents. They'll assess the situation to determine the viability of challenging the trust based on the timing of its amendment and the grantor's diagnosis of dementia.

The attorney will likely discuss the grounds for contesting the trust, such as lack of capacity, undue influence, or improper execution. These challenges can hinge on proving that the grantor did not fully understand the nature and implications of the trust at the time it was created or amended. This process will require gathering substantial evidence, including medical records, witness testimonies, and expert opinions on the grantor's mental state.

Be prepared for a potentially lengthy and costly legal battle. Trust disputes, especially those involving questions of mental capacity and irrevocable trusts, can be complex and difficult to resolve. Your lawyer should provide a clear outline of the steps involved, possible outcomes, and an estimate of the time and costs required. It's important to have realistic expectations and to consider the emotional and financial implications of pursuing such a legal challenge.

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