When you discover that your spouse was unexpectedly omitted from a loved one’s trust, you may feel the desire to take quick and aggressive action. Doing so is important when you suspect that some wrongdoing was involved in the creation of the trust. Any time delay before seeking legal assistance could result in wasting of valuable trust resources.
Name the Proper Defendant When a Spouse Is Left Out of a Trust:
Since you must act quickly to protect your spouse’s interest, it is crucial that you take the proper steps. The first step is to consult with an experienced and knowledgeable attorney for guidance. Your attorney will review the facts and circumstances surrounding the trust, as well as carefully review the terms of the trust itself. Depending on the particular situation, your attorney may advise that you file suit on behalf of your spouse. It is important to note, however, that a spouse only has grounds to sue if he or she is doing so as the attorney or attorney in fact of an incapacitated spouse.
Once you take the step of filing a lawsuit regarding your spouse’s interest in the assets of a trust, it is crucial to file suit properly. This means that you must name the proper party as the defendant in the lawsuit. In the case of a trust, the trustee must be named as the trust’s representative. Naming the trust itself is not the proper procedure. Similarly, naming the trust as well as the trustee as an individual does not resolve this issue either. The suit must be filed against the trustee as the trust’s representative.
While filing a lawsuit against a trustee is not an easy process unless you have experience in this area, you do not have to figure out the procedure on your own. We are here to help. To learn more about how we have helped prior clients, we encourage you to check our client testimonials page today.
AttorneyThe Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307