Legal Question in Wills and Trusts in Massachusetts
Challenging a trust
My Grandfather set up a trust
where he put my Grandmother in
as recipient, followed by their 3
children upon her passing. After the
trust was created, 1 of their
children passed on. We modified
the trust to have the children
(grandchildren) of the late child
become the recipients of that 3rd of
the inheritance. Then my
grandfather passed on. My father
then took over affairs for my
grandmother (she isn�t mentally
incompetent, just not capable of
running the affairs). My father
passed away over the summer and
that left one final child. According to
the trust, we became the recipients
of the benefits if my father should
pass on. Recently the sole
surviving child came home because
my grandmother is on her
deathbed. We are being told that
we are being cut out of the will and
have our 1/3 share and the other
deceased�s 1/3 share pulled, where
the sole surviving child will get all
the inheritance. Supposedly this is
happening next week when the
make the changes. The question is,
what if any, chances would we
have to win this case and reverse
this back to where it was and what
would our argument have to be to
successfully contest this reversal?
4 Answers from Attorneys
Re: Challenging a trust
I am assuming your grandparents lived in NJ. When your grandfather died, his trust became irrevocable. It is POSSIBLE that the trust gave your grandmother the right to make changes (called a "power of appointment"). But it sounds like your aunt thinks SHE can change the trust, which she CANNOT do.
Re: Challenging a trust
I agree with Jon that you should act quickly, and as soon as possible. I suggest immediate litigation in the County where your grandmother resides, freezing the trust as it exists. You will need an attorney familiar with the trusts to assist you, and if you are successful, the fees will be paid by the trust. As Jon stated, this response is made generally, as I have not seen the document creating the trust and what is permitted and what has been done to date. Contact me directly if you have further questions.
: Challenging a trust
If she is competent, and unless you can show some undue influence or fraud, you will lose.
Re: Challenging a trust
I would get a copy of the trust as it is now and go see an attorney as soon as possible. You may be able to challenge any change on undue influence. There may be an issue as to whether the Trust can be changed at all at this stage as well.
Without actually seeing the trust and knowing more facts it would be very difficult to give you proper advice.
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