Can stepchildren contest a trust?
Yes, stepchildren can contest a will if they are named beneficiaries of a prior will. In a typical inheritance situation, a parent might leave their estate in equal share to biological and stepchildren, especially where the stepchildren were raised from a young age by the stepparent.
What is dying without a Will called?
In the legal world, if you die without a will, it’s called dying “intestate.” A local probate court then has to decide how to distribute your property. While they follow state intestacy laws that try to mimic the final wishes of the average person, your actual wishes remain unknown.
What are my rights as a stepmom?
Stepparents have limited legal rights when their stepchildren are involved. They do not have any inherent custody or visitation rights as a biological parent would. The “parental preference rule” states that biological parents are best suited to make decisions for the child, based on their needs and best interests.
Can a brother step in as trustee of a trust?
Secondly, even if your brother can rightfully step in as trustee under the terms of the trust, he has a duty to deal impartially with the beneficiaries. Point this out to your Aunt and ask that she immediately remedy the situation. If she does not, seek the services of an attorney.
What happens if there is no successor trustee in a trust?
If there is no successor trustee named in the document, a vacancy is created in the office of trustee and, barring any provision in the trust to the contrary, the adult beneficiaries of the trust can elect a trust company step in as trustee.
Can a grantor name only one trustee for a trust?
When a grantor establishes a trust, a single trustee manages the trust’s assets on behalf of the named beneficiaries. However, there is no requirement for a trust to have only one trustee. When a grantor names multiple trustees, or co-trustees, they are responsible for co-managing the trust’s assets.
Can a step parent contest a trust and will?
The step-parent problem may be one of the most difficult, and least understood, issues in Trust and Will law. And it can play out in many different ways because people (1) do not have a solid estate plan to begin with, and (2) spouses do not want to discuss financial issues that cause tension in their marriage.