Are you aware that under most circumstances that if you challenge the validity of a Will or a Trust, then you’re required to return any prior distributions while litigation is pending?
Yes, under most circumstances you’re required to return any distributions made to you prior to filing any Will contest or Trust litigation pertaining to the validity of the instrument. Of course, there are a few exceptions: 1) no matter the outcome of the will contest litigation or trust litigation, you would still get the distribution and 2) if you are funding the Trust with your own assets, you’re not required to renounce your own distribution.
If you or a loved one have received a trust distribution and question the validity of the trust, contact Attorney Thomas Upchurch at (386) 272-7445 to discuss your trust litigation matter further.
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