How to Contest a Revocable Family Trust
A revocable family trust is created to allow certain family members to access either the assets in the trust or income from the assets in the trust. In some cases, a family member will claim that the revocable family trust was not legally established or that their loved one acted under duress. In these cases, they can contest the trust.
- Obtain a petition form. You will need to visit your local court house and request a form from the court clerk. Most court clerks have the ability to access forms for all court divisions through a unified court system. If your court does not participate in a unified court system, you will need to visit the local probate court directly.
- Complete the petition form. The petition form often requires you to complete some basic information and provide your reasoning that you believe the revocable trust to be invalid. Sign the petition form and have it notarized if necessary.
- File the completed petition with the clerk of the probate court. Be prepared to pay a filing fee.
- Request that all interested parties be served notice of the petition. You can serve the parties yourself or request that the sheriff handle it. You will need to serve the grantor, the trustee and all of the beneficiaries of the trust.
- Obtain your court date from the probate clerk of court. Contact all of the interested parties and notify them of the date and time of the hearing.
- Attend the hearing. Be prepared to present your case to the judge, including the reasons that you believe the revocable family trust is not valid. If you have any evidence to prove your reasoning, present it to the judge during the hearing.