South Dakota Trust Litigation Lawyers: Contesting A Trust
In South Dakota, the laws surrounding trusts and their administration can be complicated, making it difficult to know where to begin. Contesting a trust can also be an emotional process. The legal team at Reiter Law Firm knows and understands that challenging a trust can be a sensitive matter that might impact family dynamics.
Our trust litigation attorneys in Sioux Falls provide respectful and compassionate legal advice during difficult estate administration challenges. Our trust contest lawyers have extensive experience handling complex litigation matters. We represent clients throughout South Dakota.
Understanding The Conflicts That Lead To Trust Litigation
South Dakota law governs how trusts are administered, ensuring they align with the wishes of the trust creator. However, conflicts can arise for various reasons, which could lead to trust litigation. Conflicts may involve disputes over the trust’s validity, disagreements among beneficiaries or issues with how a trustee manages the trust. Understanding these conflicts is crucial when considering litigation.
What Is A Trust Contest?
A trust contest is a legal challenge against the validity or terms of a trust. It involves questioning the trust’s formation or administration, often requiring court intervention to resolve disputes. Trust contests can arise from various issues, including those related to the trust’s creation or the actions of its trustees.
What Are The Reasons To Contest A Trust?
There are several reasons to contest the validity of a trust. These can include:
- Undue influence: The court may find undue influence occurred if someone pressured the trust creator to alter the trust in their favor. If undue influence is found, the court can rule that the trust is invalid.
- Lack of capacity: If the court finds that there was a lack of capacity, it means that the creator of the trust was found to be mentally incompetent when they created the trust. A trust creator must have been mentally competent to form a trust.
- Fraud: If deceit influences the creation of the trust or its terms, it can be grounds for contesting its validity.
Contesting a trust is complex and requires careful consideration of family dynamics. Whether you are a beneficiary or believe you should be one, our trust administration attorneys can provide legal guidance and advice regarding your rights to challenge the trust. Likewise, if you are a trustee facing a challenge to the trust you manage, our litigators can represent your interests as a fiduciary.
Consult A Trust Litigation Attorney
If you are facing a complicated estate scenario and need the advice of a trust litigation lawyer, call Reiter Law Firm. Our lawyers offer consultations to discuss your situation and guide you through the legal process. Contact us to schedule an appointment by calling 605-800-8825 or sending a message through our website. Let us assist you in navigating these complex legal waters with care and professionalism.