In this video, our Polk County trust litigation attorneys explain how undue influence is another common ground for disputing a trust in Iowa. Undue influence is defined as excessive persuasion that causes a trustor to act out of character or refrain from exercising their free will. For a trust to be valid in Iowa, it must be made by a trustor who has testamentary capacity, or is of sound mind with full comprehension of their actions. A trust can be successfully contested if the trustor’s mental state at the time the trust was drafted or signed is in question.

In this video, our Polk County trust litigation attorneys explain how a trust can be arranged in many ways, but its main purpose is to allow a third party, or trustee, to hold assets on behalf of a beneficiary. It is written and signed by the trustor, and can go into effect while the trustor is still living or when they die, depending on the trust type. A trust contest is a type of lawsuit that is filed to object a trust’s validity. If someone believes the trustor was mentally incapacitated, unduly influenced, or otherwise unable to comprehend the terms of a trust, they have the right to contest the document in Iowa.

In this video, our Polk County trust litigation attorneys explain how a trust is a legally binding arrangement between three parties where a trustor grants a trustee permission to hold assets on behalf of a beneficiary. Trusts can help an estate avoid probate, allow a trustor to have greater control over how their assets are distributed after they pass, and in some situations, limit estate taxes. There are several types of trusts, including:

• Charitable trusts
• Living trusts
• Spendthrift trusts
• Totten trusts

‍