What happens if someone does not follow the terms of a will or trust?
What happens if someone does not follow the terms of a will or trust?
A will or trust names an executor to manage the deceased's estate after they die. This person has legal authority to access and distribute the deceased's property. The executor must follow the instructions of the will; but it is possible that he or she will deviate from them.
A will and a trust are separate legal documents that usually have the same goal - to coordinate comprehensive estate planning. However, there are often inconsistencies between these two documents, either accidentally or on purpose. One common example is a revocable trust. A revocable trust is created during the grantor's life. It is important to remember that a revocable trust takes precedence over a will.
If you think your trustee is not following the terms of a trust, you can petition the probate court to suspend or remove them. However, this is a complex process. You must show that the person whose will you are disputing did not follow the terms of the trust or will. This will require a lot of money and time. However, you can choose to go through mediation instead of a court battle.
If you have any questions or need a Will and Trust Lawyer, please call this law firm for a free consultation.
Ascent Law LLC
8833 S Redwood Road Suite C
West Jordan UT 84088
(801) 676-5506
