How to File/Contest a Living Trust

Asked about 4 years ago - Morristown, AZ

My father passed away, I waited as per my brother for 1 year to handle assests now he comes up with a Living Trust and takes all Properties and Money. How can I contest trust without an attorney, its hard to find an attorney on contingency.

Attorney answers (2)

  1. Lonnie K McDowell

    Pro

    Contributor Level 15

    2

    Lawyers agree

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    Answered . If you do not have a copy of the trust, request in writing that he send you a copy. Once you have a copy, you can file a trust contest with the probate court for less than $300.00, just like a will contest. You need to show your father was incompetent or unduly influenced. Was he in the hospital? On mind altering medication? Easily tricked or confused? Under the sole control of your brother? Once you file your petition, The court will hold an evidentiary hearing and decide if you have proven what you are claiming.
    Paying for a short consult with a qualified attorney can help you identify a valid basis to contest the trust, if there is one.

  2. Glenn R. Matecun

    Contributor Level 12

    Answered . Although you are writing from Arizona, I am assuming that the living trust and your brother are in Michigan. It is very difficult for you to contest the trust yourself when you are living out of state. Feel free to call me Monday and I would be glad to talk with you about the situation, and whether it makes sense to contest the trust.

    Glenn R. Matecun
    Michigan Estate Planning Attorney | Michigan Probate Lawyer
    www.MichiganEstatePlans.com

    Toll Free: (888) 487-6150

    DISCLAIMER: This response is not legal advice and does not create an attorney/client relationship or any right of confidentiality between you and the responding attorney. This response is intended only to provide general information. Attorneys cannot evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

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