Petition to Set Aside Trust

An attorney requested that the firm defend a Trustee in a case brought to set aside the trust.  It was contended that the Settlor, who had since passed away, was without legal capacity to create the trust.  The firm investigated the facts, including interviewing witnesses who knew the deceased, the attorney who created the trust, and obtaining the Settlor’s medical records.  The information obtained was presented through the discovery process and the case was withdrawn.  The position of our client, the Trustee, was vindicated.