How to Challenge a Revocable Trust
Revocable trusts are not that easy to challenge, especially while the grantor is still alive. When a grantor dies, revocable trusts work to keep the grantor's property out of probate to avoid excess costs and delays when distributing their property. As long as the grantor is alive their property trust assets are still legally treated. It is best to challenge a revocable trust after the grantor has passed away.
Things you'll need:
- Copy of trust deed
- Copy of the will
- Examine the will to make sure that you are in fact the beneficiary under the terms of the will in which you anticipate receiving property. You don't want to waist your time challenging a trust that you are not win; even if by chance you won, you would still not be granted the property.
- Check the date of the will to see when it was executed. If the will was established after the date of the revocable trust and the property distribution terms are directly conflicting with the property disposition you would be able to argue the grantor's execution under the revocable trust. The argument would be that the will constituted and implied revocation of the trust and how it applies to the distribution of that particular item of property.
- File to have the revocable trust set aside by filing an action in a court in your state. In some states, the state district court is where you will have to commence an action in other states different courts may be appropriate. It is possible that in order to challenge the revocable trust, your state will require you to intervene in probate proceedings.
- Intervene in probate proceedings by filing a request on the grounds that you are standing to gain of the trust property is admitted into probate as a will beneficiary. To establish that the trust property should go through probate instead of getting distributed under the trust, file a copy of the settlement or judgment agreement.