How to Contest a Revocable Trust in Virginia
- 1). Mark your calendar of the statute of limitation deadlines. A petition must be filed within two years of the grantor's death or within six months of the trustee sending you a copy of the trust instrument to identify its existence.
- 2). Obtain all required information, documentation and witness statements regarding the reasons the trust should be deemed invalid. If a grantor was not of sound mind when establishing the trust or was otherwise coerced, tricked or conned into establishing a trust or changing an existing document, there are grounds for contesting its validity.
- 3). File the appropriate petitions with the court within the county the trust was established. Be sure you are within designated time frames and include copies of the trust and all proof you have to support your claim.
- 4). Notify the grantor -- if still alive -- and any other person's involved in the trust administration of the hearing.
- 5). Attend the hearing with witnesses to support the claim. You may request to be placed as a trustee for the trust and its assets. The court may appoint a trustee of its own to oversee the trust with administrative costs paid from trust assets.
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