How can I challenge a revocable living trust?

On Behalf of | May 28, 2020 | Trust Contests

Many people set up revocable living trusts to provide themselves with an opportunity to control the fate of their properties and to help their loved ones avoid probate upon their death. Assets that may go into the name of the trust include homes, accounts and even stocks. Just as they may contest a will, for similar reasons individuals may also contest a trust.

There are a few things you should note if you are considering contesting a revocable living trust. First, while you may only contest a will for up to three months, Ohio allows for a two-year time window for heirs or beneficiaries to challenge a trust following the grantor’s death. You will want to speak with an attorney as soon as possible to discuss the grounds of your contest with a legal professional.

What happens next?

Once you are sure you are within your rights to challenge, you will need to draft a complaint that states your reasons for challenging – specifically answering the question: Why do you have rights as a beneficiary? It may also help you to know how what to expect.

Challenging a revocable living trust can get quite complicated. The act of contesting a will is a challenge of the will’s validity as it resolves following a person’s death. But, in the case of a trust, you will need to prove it was invalid since the moment the trust was signed.

Furthermore, the defense will have the option to use the trust assets to pay fees in defense of its validity. Do not let that discourage you from challenging a trust, however. You may have justifiable reasons and the necessary evidence to move forward.


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