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By: Scott Grossman on June 18th, 2018

Trust Contest: What form do I fill out to file?

None. First of all, there is no form to fill out to file a trust contest.  A Trust contest and a will contest, require a petition to be filed with the probate court.  Typically, the petition is drafted by a probate attorney for their client.  The petition should state the unique facts of your case. Finally, depending on the reasons you give for having the court set aside the trust, you may be able to make general allegations or may need to plead enough specific facts to enable your case to proceed.

Trust (noun):

An organization (ie: bank) or someone else can manage the money or property in a trust usually at a set period of time. They are managed by Trustees and are set up to help better serve the beneficiary’s interests. It is a legal document that tells the Trustee how to specifically handle the money and assets on behalf of the beneficiary according to the Trust’s wishes.

Petition (noun):

A formal written request was made to a Court in order to ask for some type of relief. It can be made for many things. It can be made for anything that requires some type of Petition filed. An example is a Petition to Probate a Will. This is usually submitted with the will to the Court. This is done to request the Executor be given the formal power to carry out the Will.

If you are ready to start your case, then please give us a call or fill out our Get Help Now form. A comprehensive overview of California Probate is available here. Should you have additional questions about trust litigation, you will find plenty of useful information in our Learning Center.