Are you and your family members upset over an amendment to a loved one’s revocable trust? Did you know that you might have a right to challenge the validity of that amendment if another party procured it through fraud or undue influence? An amendment to a trust that is procured by these means is a nullity with no legal effect do you know how to prove it? Check out this recent case out of the Federal Court in Ohio where family members challenged their aunt’s overreaching into the family trust.
Trust Amendments
- In West Palm Beach a settlor is someone who sets up and funds a trust.
- In most instances the settlor has a right to alter and amend a trust as they see fit.
- Just like a will these documents are a large target to abuse the elderly and incompetent.
- West Palm Beach probate courts will not enforce a trust amendment that was procured through fraud or undue influence.
- Do you know how to get the court to set aside such an amendment?
- How are you going to prove fraud to the court and jury?
- So what happens when a fraudulent amendment makes the abuser the trustee?
- A West Palm Beach trustee may have close to absolute control over the trust funds.
- Are you worried they are going to take control of all of the assets before you can get that amendment set aside?
- You may be able to expedite discovery and the trial.
- Furthermore you may be able to halt their access to the funds do you know how?
- You may want to look into an injunction or temporary restraining order.
- These orders are issued by the courts in West Palm Beach and prevent parties from doing certain activities such as altering trust assets.
- Check out this case out of the Federal Court in Ohio.
Bachtel v. Barker
- The decedent in this case had one child and three grandchildren who he set up a trust to benefit.
- In 2010 the decedent had brain surgery and was incapacitated.
- In the meantime the decedent’s sister had him file an amendment that removed all the children/grandchildren from the list of beneficiaries!
- She also made herself the sole trustee through the amendment.
- Needless to say the child and grandchildren filed suit but that may not have been enough as the trustee could just have terminated the trust and taken all the assets.
- This is why an injunction was proper to halt the trustee from gaining access to the funds.
Want to learn more?
Check out the entire case by clicking here.