A trust can be difficult to question when you worry that doing so could disrespect your loved one’s wishes. You may also fear that family members will see you as greedy for questioning what you may inherit. Yet something about the trust or how it was created may not seem right, leaving you unsure whether to accept it or look into what happened.
Here are some circumstances that may give you reason to question whether the trust reflects your loved one’s true wishes.
Lack of capacity
You may have grounds to challenge a trust when the person who created or changed it lacked the mental capacity required to do so. For example, concerns could arise if the person did not understand the nature of the trust, the property involved or the effect of the changes they made.
Indiana law sets capacity requirements for creating, amending, revoking or adding property to certain trusts. For a revocable trust, the settlor generally needs the same capacity required to make a will.
Undue influence
You may have reason to question a trust if someone appears to have pressured the person who created or changed it into making decisions that did not reflect their independent wishes. This concern can arise when another person has significant control over the person’s care, finances or access to family members.
For example, you may notice that:
- Someone pressures the person to remove or reduce another family member’s inheritance
- A relative controls the person’s finances or transportation and uses that dependence to influence estate decisions
- A person repeatedly isolates the trust creator from relatives while encouraging changes that benefit themselves
These circumstances do not automatically prove undue influence. The important question involves whether someone used improper pressure or a position of trust to overcome the person’s independent wishes and cause a change to the trust.
Fraud or problems with the trust documents
A challenge could also arise when deception or a problem with the trust documents affects what the person intended. You may have concerns if someone misled the person about what they were signing or if an amendment does not accurately reflect the person’s wishes.
Questions can also form when you find different versions of a trust or amendments and cannot determine which document should have control. In these situations, the specific documents and circumstances surrounding their creation can matter.
Review the trust before challenging it
A trust challenge may be possible when the person who created the trust lacked the required capacity, faced improper influence or experienced fraud or problems with the trust documents. Because Indiana law also sets deadlines for challenging a trust, waiting too long could affect your options.
If you believe something may have gone wrong, consider reviewing the trust, any amendments and the circumstances surrounding them with an attorney. They can help you determine whether you have grounds to challenge the trust and what steps you should take next.