If you are represented , you really should be speaking to your lawyer.
He/she will have a much better understanding of your case and is there to help you!
This response does not create any attorney-client relationship. Only a signed written agreement can do that. This answer is only in relation to the facts presented and may change according to unidentified facts. Always consult with an attorney.
You have an attorney-so any attorney on this site would not have the information critical to an opinion.
The most common reasons for a successful case are undue influence, incompetence or fraud.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
It really depends on your situation to determine the success of a contest. I am not sure what you mean by contest your late sister's trust. Breach of fiduciary? Lack of capacity? Undue Influence? Generally, you are not liable for the other party's attorneys fees and costs if your claim has merit, but the trustee can bill against the trust assets, so technically the beneficiaries are paying for the lawsuit. In Colorado, once you initiate legal action against a trustee, they can reimburse their attorneys fees from the trust to defend it. However, if you are successful finding that they breached their duty, they could be ordered to pay it back. I would defer to your attorney's recommendation.
What does your attorney say about this. Since you have an attorney, then these questions need to be directed to her/him. As to difficulty, it depends on the facts of the case and the first is "what does the trust say.."
Depends on facts and advocacy. Some trust contests are easier than others. Most cases settle.
Maybe. In certain cases you may be required to pay opposing party's legal fees and costs.
Your attorney is in best position to opine on strength of case.
I agreed with all my colleagues answers and just add that the devil is in the details. Some documents contain a clause that any challenge to the trust agreement causes a forfeiture of what else was bequeathed so there could be something to risk by challenging whatever undisclosed item you object to could result in a loss to you for bringing a challenge. Also is impossible to evaluate a chance of success or loss without knowing the concern and what the trust instrument says. Try repost another question with more specific details on the problem and what the trust says or not says....your current post will garner you no help.
My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained. Please click "helpful" or "best answer" if my answer added any value or add a "comment" if you have more info for me to help you get a better answer.
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