When a Louisiana resident creates an estate plan, it is assumed, at least at first, that everything was done in accordance with current law. Later, it may become clear that something could be wrong with either a will or trust. If this happens to you, you may consider initiating a legal dispute. Before moving forward, you first need to determine whether you have grounds to do so.
You may have heard about contesting a will, but did not realize that a trust could be contested as well. Even so, you still need a valid reason behind your objections. As is the case with wills, undue influence often prompts an objection. It could be that you do not believe your loved one had the capacity to create the trust.
Other issues with trusts involve a trustee’s breach of his or her fiduciary duty. Perhaps the language in the trust does not make sense or is otherwise unclear. In some cases, the trust does not appear to properly express what you knew to be the wishes of your loved one.
When it comes to wills, undue influence and lack of testamentary capacity are often at the top of the list. Other issues such as improper actions by the executor, inaccurate provisions and forgery are concerns when it comes to contesting a will. Another reason to question the validity of a will involves suspected fraud at the time your loved one created the will.
Louisiana courts will only entertain a legal dispute regarding one of these documents for a legally valid reason. If you suspect some form of foul play when it comes to the trust or will of a loved one, a review of the document and the circumstances is in order. Dispelling any doubts regarding your legal standing could give you the confidence you need to move forward with your claim.