Can I contest a Revocable Trust for undue influence as the trustee (my aunt's nephew) helped my aunt to take me out of the will

Asked about 4 years ago - Tampa, FL

and add his sister. To me this sounds a little biased on one side? I did have a falling out with my aunt around that time but we later made up and I took her to doctors and things. My aunt told me that i was in the will and all of her other neice's and nephews. This leaves me the only one out. Is there anything I can do. It hurts a lot and many ways.

Attorney answers (3)

  1. Thomas Michael Bates

    Contributor Level 13

    Answered . You could contest the Trust on grounds of undue influence but since you are not a natural born heir to your aunt, as opposed to being her daughter or son, you'll face a difficult time proving that she was unduly influenced in leaving you nothing in the Trust. I would have to know more about the relationship you had with your aunt versust the relationship her nephew (Is he your cousin?) had with her.

    LEGAL ADVERTISEMENT – I am not seeking to represent you based on the response to this question. The answer given is for general information purposes only. No attorney-client relationship is hereby intended. However, if you have additional questions concerning this matter you may call me at (561) 802-4124; e-mail me at tmblaw@msn.com or write to me at Thomas M. Bates, P.A., 1655 Palm Beach Lakes Boulevard, Suite 402, West Palm Beach, FL 33401.

  2. George Frederick Frank

    Contributor Level 10

    Answered . To contest the trust you would have to prove that the trustee was in a position of confidence as to your aunt and somehow used that confidence to convince her to remove you as a beneficiary against her own wishes. These cases are extremely difficult to prove, and you are at a disadvantage because you are not a "natural object of her bounty" as a son or daughter might be. There are also limitations periods as to contesting trusts. If you believe you have proof that the trustee exercised fraud, duress or undue influence over your aunt, you should consult an attorney in your area as soon as possible.

    This is not intended to be legal advice nor to create an attorney/client relationship.

  3. Darl C. Gleed

    Contributor Level 8

    Answered . The answer is "maybe" or "maybe not" depending upon some important facts which are missing here. If your aunt was susceptible to influence due to age, illness, etc., then that would help your position. Similarly, if your nephew was in a position of influence, such as a caretaker for your aunt, and he used that position to direct your aunt to an attorney of his choosing for changes to her documents, that would give you additional facts toward demonstrating undue influence. That said, undue influence is not always easy to prove, even when there is evident age or memory issues. You will want to see a lawyer in your area or the area your aunt lived in and describe the details for an analysis of your case.

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