Legal Question in Wills and Trusts in Massachusetts
Can a trust be contested/changed
My grandfather died recently, and his estate was set up as a trust. His heirs receive a certain amount per annum. I don't have any specific details... but can this kind of trust be overturned, or changed in any way? (Can the heirs protest the will/trust, so that they receive their share in full, instead of a certain yearly amount?)
2 Answers from Attorneys
Re: Can a trust be contested/changed
While anything cam be contested, it is highly unlikely that the Trust can be changed unless you can show some defect in its creation. You need to get a copy of the Trust and go see an attorney who will explain your options. This assumes you are a beneficiary under the Trust.
Good Luck
Re: Can a trust be contested/changed
I do not understand if the estate was set up as a trust prior to the death, or if the estate was set up before he died, and the funds were poured into the estate when he died, or if the estate was set up by the requirements of the will.
Each of one of these could effect your ability to contest its creation.
Under some remote circumstances the heirs could join to undo the trust.
What is important to know is when the trust was set up, the conditions of the trust, and reasons why the beneficiaries want to undo the trust.
Viewing the documents related to the formation and execution of the trust us very important.
You can contact me to discuss this matter.