Can a Living Trust Be Disputed?
As with any legal document, a trust document, the instrument used to create a living trust, can be disputed in court. Many states provide strict guidelines for disputing or contesting a trust. You must issue a complaint within a specific period of time and provide documentation to support any claims you make.
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Identification
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A trust can be disputed. Beneficiaries of a trust may claim, for example, that a trustee does not have the power to mortgage real estate or withhold trust assets until a future date. Provisions regarding the distribution of trust property are set by a trust grantor and are included in a notarized trust document, which is legally recognized.
Written Notice of Administration
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As of April 2011, states like California give trust beneficiaries 120 days to dispute a trust. The clock starts ticking upon receipt of written notice of administration, a period in which a trust is closed and trust property is distributed. The length of time provided to contest the trust will be identified in the written notice of administration.
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Probate Court
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An individual wishing to dispute a trust must request a hearing through the probate court where the trust is filed. The disputant must visit the county clerk and request the correct forms. A hearing date will be set, at which time the parties involved will argue claims of fraud and request damages, if applicable. All parties involved in the trust are invited to attend the hearing.
Considerations
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The most effective way to minimize questions relating to the validity of a trust is to record the trust document in the county clerk's or recorder's office. Recording a trust document proves its existence if the original trust document is ever lost or stolen. States like Pennsylvania require trusts that hold title on real estate to record the property in the county clerk's or recorder's office.
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References
- Superior Court of California: Introduction to Trusts
- Superior Court of California: Probate Code Section 17200-17211
- Commonwealth of Pennsylvania: The Proposed Pennsylvania Uniform Trust Act and Amendments
- Toews Law Offices: Settling the Revocable Trust in California
- The Coleman Law Firm: Administration of a Living Trust
- Estate Planning Links: What is a Living Trust?
