• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

The Mendel Law Firm, L.P.

Attorneys & Counselors

Call Now: (281) 759-3213

  • FB
  • TW
  • IN
  • RSS
LP Payment button
  • Home
  • Our Firm
    • About Our Firm
    • About The American Academy
    • Advantages of Working With Our Firm
    • Attorney and Staff Profiles
    • Mission Statement
    • Multimedia
    • Published Books
    • The Academy Fellow Designation
  • Services
    • Asset Protection & Business Planning
    • Elder Law & Medicaid Services
      • Are You A Caregiver
      • Coping With Alzheimer’s
      • Guardianship & Conservatorship
      • Hospice Care
      • Emergency Medicaid & Nursing Home Planning
      • Medicaid Planning
      • Veteran’s Benefits
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Businesses & Farms
    • Financial Planning Assistance
    • Incapacity Planning
    • IRA & Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • SECURE Act
    • Special Needs Planning
    • Trust Administration & Probate
  • Seminars
  • Testimonials
    • Client Testimonials
    • Representative Clients
    • Review Us
  • Resources
    • Areas We Serve
      • Baytown
      • Conroe
      • Galveston
      • Houston
      • Pasadena
      • Woodlands
      • West University Place
    • Elder Law Reports
    • Elder Law Resources
      • Galveston Elder Law
      • Houston Elder Law
      • Sugar Land Elder Law
      • West University Place Elder Law
      • Woodlands Elder Law
    • Estate Planning Resources
      • Estate Planning Checkup
      • Estate and Gift Tax Figures
      • Estate Planning Definitions
      • Estate Planning Reports
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top Estate Planning Techniques
      • Top 10 Estate and Legacy Planning Techniques
    • Frequently Asked Questions
      • Asset Protection Planning
      • Avoidance Tax Planning
      • Avoiding Probate
      • Business Succession Planning
      • Charitable Gifting
      • Elder Law
      • Estate Planning
      • Frequently Asked Questions for Families Without an Estate Plan
      • IRA and Retirement Planning
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Living Trusts
      • Medicaid
      • Medicaid Planning
      • Nursing Home Planning
      • Pet Planning
      • Power of Attorney
      • Probate
      • Trust Administration
      • Trust Administration & Probate
      • Trusts
      • Veterans Benefits
      • Wills
    • LGBTQ Resources
    • Probate Resources
      • Houston Probate
      • Sugarland Probate
      • Woodlands Probate
      • West University Place Probate
    • Probate & Trust Administration Resources
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss of a Loved One
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
    • Special Needs Resources
    • Newsletters
  • Contact Us
  • BLOG
Home » BLOG » Can Someone Contest a Trust in Houston Texas?

Can Someone Contest a Trust in Houston Texas?

December 23, 2015 by Stephen A. Mendel, Estate Planning Attorney

Although a Last Will and Testament is usually the foundation of a comprehensive estate plan, most plans include a variety of documents in addition to a Will. One of the more common additions to a thorough estate plan is a trust. A question that frequently comes up –typically from a beneficiary – is “Can you contest a trust?” The simple answer is that yes, a trust in Houston Texas can be contested.

A trust  is a legal entity that requires four elements for creation — a trustor, a trustee, a beneficiary, and assets. The trustor is the individual who creates the trust. The trustee is the person, or entity, that administers the trust and manages the trust assets. The beneficiary is who will receive the benefits of the trust. Assets must also be transferred into the trust to fund the trust. A trust may be a testamentary or inter vivos trust. A testamentary trust only takes effect when the trustor dies while an inter vivos, or living, trust takes effect when all the elements necessary for the trust creation are present. Finally, a trust in Houston Texas can be revocable or irrevocable.

Just as a Will can be contested, so can a trust. A true contest must claim that the trust is not valid, meaning that the trustor was under duress or not of sound mind when it was created, or that fraud was used in the creation of the trust. What occurs more often than a true trust contest is that a beneficiary petitions a court to modify the terms of a trust or terminate the trust altogether.

Even an irrevocable trust can be modified or terminated under certain circumstances; however, it typically requires a court order. For example, if the terms of the trust are illegal or unconscionable, or if the trust purpose can no longer be carried out then a court may terminate an irrevocable trust. Likewise, if a term in a trust makes administering the trust extremely difficult, or the term no longer has meaning, a court may allow a modification of the term.

Contesting, modifying, or terminating a trust is often more complicated and harder to accomplish than contesting a Last Will and Testament. For this reason, if you are a beneficiary of a trust and wish to purse a contest, modification, or termination of the trust you should speak to an experienced estate planning attorney to determine what your legal options are.

  • Author
  • Recent Posts
Stephen A. Mendel, Estate Planning Attorney
Stephen A. Mendel, Estate Planning Attorney
Mr. Stephen Mendel is an attorney who focuses a substantial part of his practice on estate planning. Mr. Mendel’s guiding principle is to provide his clients with quality legal services tailored to each client’s specific needs and goals.
Stephen A. Mendel, Estate Planning Attorney
Latest posts by Stephen A. Mendel, Estate Planning Attorney (see all)
  • Thought of the Day - February 1, 2023
  • Thought of the Day - January 25, 2023
  • Thought of the Day - January 18, 2023

Filed Under: Wills and Trusts Tagged With: contest trust, irrevocable trusts, living trusts, revocable living trusts, trust in houston texas

Other Articles You May Find Useful

  • DIY Dangers – Why You Need an Estate Planning Attorney
  • Five Questions to Consider before Appointing Your Executor
  • Why You Should Not Try to Revoke a Will Yourself
  • Questions To Consider When Choosing a Guardian for Minor Children
  • What Is a Pour Over Will and Do I Need One?
  • What Is a QTIP Trust?

About Stephen A. Mendel, Estate Planning Attorney

Mr. Stephen Mendel is an attorney who focuses a substantial part of his practice on estate planning. Mr. Mendel’s guiding principle is to provide his clients with quality legal services tailored to each client’s specific needs and goals.

Primary Sidebar

The Mendel Law Firm

Follow Us

  • FB
  • TW
  • IN
  • RSS

Blog Subscription

Subscribe to our blog to get all of the latest updates from our attorneys.

Plan For Your Future and Protect Your Legacy

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.
  • This field is for validation purposes and should be left unchanged.

HOUSTON

The Mendel Law Firm, L.P.
1155 Dairy Ashford, Suite 104
Houston 77079
United States (US)
Phone: (281) 759-3213
Fax: 281-759-3214

Map

map

Office Hours

Monday8:00 AM - 5:00 PM
Tuesday8:00 AM - 5:00 PM
Wednesday8:00 AM - 5:00 PM
Thursday8:00 AM - 5:00 PM
Friday8:00 AM - 5:00 PM

Footer

The Mendel Law Firm

The information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an
attorney-client relationship.

© 2023 Mendel Law Firm, All Rights Reserved. Privacy Policy | Contact Us | Disclaimer | Site Map | Powered by American Academy of Estate Planning Attorneys