Get Simple Explanations for Complex Questions Schedule a Consultation

Trust Contests Attorney in Kansas City, Missouri

Living trusts are essential estate planning tools that you can use to protect your property and store away assets and money for beneficiaries and future generations. In addition, a trust allows your trust property and loved ones to bypass the costly and strenuous probate process and maintain your privacy. 

However, unrealistic expectations among family members and beneficiaries may bring about tensions around inheritance and during the trust administration process. When beneficiaries disagree over the terms or validity of the trust or estate plan, they may be eligible to contest it. It’s imperative to reach out to legal guidance if you find yourself in this situation. 

At The Probate Law Center, we're here to help. We offer reliable representation and advocacy to family members and beneficiaries who wish to contest their loved one's living trust. Our attorney can investigate all of the facts of your case and determine whether you have a valid ground to contest the trust. In addition, we will help file your petition and represent you diligently at every phase of the process. 

The Probate Law Center proudly serves clients across Kansas City, Missouri, and the surrounding areas, including Overland Park, Independence, Lee's Summit, and Kansas City, Kansas. Set up a consultation today.

What Is a Trust Contest?

A trust contest can be described as a petition filed in court against the trust or trustee. The purpose of the trust contest is to initiate a legal proceeding for the court to examine whether the terms and provisions of the trust or the trust itself are valid. In addition, any beneficiaries or individuals disinherited in the trust may be eligible to file a trust contest.  

Need Skilled Advocacy?


Common Reasons to Challenge a Trust  

Some common reasons to challenge a trust might include: 

  • A beneficiary is displeased with their distributions or inheritance in the trust. 

  • There are accusations that the trust was created through fraud, undue influence, or duress. 

  • A person believed they were disinherited from the trust. 

  • There are disagreements about how the trustee managed the trust property or administered the trust. 

  • There are certain concerns regarding the mental capacity or competency of the trustor. 

  • The trustee was dishonest or irresponsible. 

  • There are suspected changes in circumstances that frustrate the purpose of the trust. 

  • The trustor failed to comply with the legal procedures and requirements for establishing a trust. 

Keep in mind that the Missouri court will only hear your case if there is a valid reason or ground that would lawfully invalidate the trust. No matter the specifics of your case, it’s important to contact an experienced estate planning attorney for guidance. 

Grounds for Challenging a Trust 

You can challenge a trust for similar reasons as challenging a will. Some of the valid grounds to contest a trust in Missouri include: 

Lack of Capacity: The trusted lacked the mental capacity to create, modify, revoke, or add assets to the trust. 

Duress, Fraud, or Undue Influence: The trustor created the trust documents under duress, fraud, or undue influence, and the provisions of the trust don't reflect their exact wishes. 

Lack of Due Execution: The trust was not properly drafted or didn't comply with the legal requirements and procedures for creating a trust in the state. 

Revocation: The deceased person already revoked their trust by creating a new one, amending it, or completely destroying the original trust document. 

Forgery: The trust document or amendment was fraudulently signed by another person other than the deceased person. 

Breach of Trust: The trustee failed to comply with some of their fiduciary duties, roles, and responsibilities with respect to managing the trust assets and trust administration. 

Mistake: The deceased person created the trust through a mistake or did not clearly understand the laws and procedures guiding how to create or fund a trust. 

Elder Abuse: There are concerns that physical, financial, or psychological abuse was inflicted on the trustor when creating the trust document. 

If you believe that you have a valid reason to contest a loved one's trust, you should reach out to a dedicated attorney immediately. Your legal counsel can help file your petition and walk you through the legal proceedings. 

How We Can Help 

It’s an unfortunate fact of life: some individuals will act selfishly, doing anything they can to manipulate others for their personal financial benefit. If you believe that a loved one's trust isn't valid, or if you suspect fraud, undue influence, duress, mistake, or elder abuse, you may have valid grounds to contest the trust. 

At The Probate Law Center, we are ready to protect your rights. As your legal counsel, we can: 

  • Advocate for your best interests and represent you intelligently in your trust litigation; 

  • Conduct a thorough investigation and identify valid reasons to contest the trust; 

  • Help file your petition to contest the validity or enforceability of the trust; 

  • Challenge the actions and decisions made by the trustee during trust administration; 

  • Seek valid reasons to remove or replace the trustee; 

  • Help resolve disputes over trust assets or distributions amicably and quickly. 

Above all, we will stand by your side when you it the most. 

Trust Contests Attorney in Kansas City, Missouri

If you need proper guidance to contest a trust, contact us at The Probate Law Center today for a simple case assessment. We're proud to serve clients across Kansas City, Missouri, and the surrounding areas, including Overland Park, Independence, Lee's Summit, and Kansas City, Kansas.