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Can beneficiaries contest a trust?

On Behalf of | Sep 10, 2017 | Trusts |

When it comes to trusts, all sorts of issues can arise. Sometimes, problems can wreak havoc after the person who created the trust passes away. For example, a beneficiary might attempt to contest a trust in Massachusetts. There are a number of reasons why a beneficiary may believe that a trust needs to be contested. For example, they could be convinced that the trustor, or the person who set up the trust, was subjected to undue influence. Or, they could think that the trustor was mentally incapacitated at the time they signed the trust. 

According to material that has been published by the Commonwealth of Massachusetts, beneficiaries are able to contest a trust. However, beneficiaries who want to contest a trust must take action no later than 60 days after receiving a notice of the trust and the trust instrument or one year after the trustor passes away. If you are a beneficiary who believes that contesting a trust has become necessary, you should be aware of these time limitations and work through the process of contesting a trust in a timely fashion.

Sometimes, trust contests can create family dilemmas. Unfortunately, beneficiaries may disagree with the way in which the assets of a trust are distributed. If at all possible, it is important for families to do what they can to minimize emotional conflict and prevent disputes from creating further complications within the family. This information was written to provide general information and should not be interpreted as a replacement for legal help.