What Are the Grounds for Contesting a Trust in Ohio?
Contesting a trust is no small decision. It can become highly emotional and complicated, especially when family members are involved. If you're considering disputing a trust, you need an attorney who genuinely cares about your goals and offers clear, compassionate counsel during difficult times.
At The Law Offices of DuPont & Blumenstiel, we have in-depth experience in trust and probate litigation in Central Ohio, including Dublin, Hilliard, Powell, Lewis Center, Marysville, Worthington, and Columbus.
Our attorneys offer personalized legal guidance that puts your family’s interests first. If you suspect that the intentions behind a loved one’s trust have not been honored, or that there are flaws in the administration of the trust, we can help you resolve potential trust disputes.
Trust Contests in Ohio
A trust is a legal arrangement that allows the grantor to specify how their assets will be managed and distributed upon their death or even during their lifetime. While trusts are used to minimize uncertainty and avoid probate, disputes can arise when beneficiaries or other parties believe that the actions of a trustee are unjust, or that the trust was created under unjust conditions.
Contesting a trust typically involves filing a formal action in court and presenting evidence that the the trustee is acting improperly and/or that the trust is being mismanaged.
Grounds for Contesting a Trust in Ohio
Contesting a trust requires specific legal grounds. In Ohio, the law provides several opportunities to contest a trust. The primary grounds for contesting a trust include:
Lack of Capacity
A common reason for challenging a trust is the belief that the person who created the trust (the grantor) lacked the mental capacity to understand what they were doing when it was established. To prove a lack of capacity, it must be proven that the grantor could not comprehend key elements such as:
The property they were putting into the trust
The individuals or entities named as beneficiaries
The effects of their decisions regarding the trust
This often arises when the grantor is elderly, suffering from a degenerative illness like Alzheimer’s, or otherwise impaired at the time the trust was created or modified.
Undue Influence
Undue influence occurs when someone unfairly manipulates the grantor into creating or revising a trust to benefit the influencer. This could involve family members, caregivers, or individuals in close positions of power who exerted significant pressure on the grantor to act against their free will. Undue influence is often seen in conjunction with lack of capacity.
Some common signs of undue influence may include:
Sudden and dramatic changes to the trust that favor one person disproportionately
Isolation of the grantor from other family members
Evidence that the grantor was entirely dependent on the influencer
Fraud or Forgery
Trust contests often stem from allegations that the trust document was created under fraudulent circumstances or that the grantor’s signature was forged.
Fraud may involve someone providing false information to manipulate the grantor into signing a trust they otherwise would not have agreed to. Alternatively, if the trust contains a forged signature, it can be invalidated outright.
Breach of Fiduciary Duty
This ground applies to disputes involving trustees who are responsible for managing and distributing the assets in accordance with the terms of the trust. Contesting a trust in this manner is appropriate when:
The trustee has misappropriated trust funds.
The trustee has failed to act in the best interests of the beneficiaries.
The trustee hasn't followed the instructions set forth in the trust
Ohio law holds trustees to a fiduciary duty, which means they must act with loyalty and care. Any deviation from these responsibilities presents valid grounds for legal action.
Improper Execution of the Trust
For a trust to be legally valid in Ohio, the trust document must typically be signed by the grantor, witnessed, and notarized, depending on the circumstances. Failure to adhere to these legal requirements during the creation of the trust may render it invalid.
How to Challenge a Trust in Ohio
Ohio law recognizes the validity of revocable trusts (which can be changed or canceled during the grantor’s lifetime) and irrevocable trusts (which cannot be altered once created).
If you believe a trust has been improperly formed or managed, the Ohio Revised Code governs the legal process for trust disputes. Section 5810.05 provides critical information regarding the state's statute of limitations.
The person contesting the trust must present evidence to substantiate their claim. For instance, if arguing undue influence, you would need documents, testimony, or other evidence demonstrating coercion.
How Our Firm Can Help
Disputes involving trusts are more than just legal matters; they are personal and often involve family members or close acquaintances.
At The Law Offices of DuPont & Blumenstiel, our attorneys are deeply familiar with trust and probate laws in Ohio and handle cases with care and understanding that. We promise to make you feel supported during these emotionally charged situations.
Whether you are questioning the validity of a trust or believe a trustee is failing to act responsibly, our team will work diligently to achieve the best possible outcome.
Ohio Probate Litigation Attorneys
At the Law Offices of DuPont & Blumenstiel, we strive to build lasting relationships with clients. Using innovative tools and a holistic approach, we offer personalized solutions for legal and financial challenges.
Our attorneys serve throughout Ohio, including Dublin, Hilliard, Powell, Lewis Center, Marysville, Worthington, and Columbus. Call us at 614-389-9711 to see how we an help you contest a trust.
BRADEN A. BLUMENSTIEL, PROBATE LITIGATION ATTORNEY
The law gives Braden a pragmatic way to solve problems using his background in clinical psychology. He is a talented presenter in the courtroom, as he understands how to effectively question witnesses and relay information. He specializes in vaccine injury, personal injury, probate litigation, and business law, and has been recognized for his work by SuperLawyers.