Can You Sue a Family Trust?

Can you sue a family trust?

While you technically cannot sue a family trust, you can sue the trustee of a family trust if you have a claim to assets held by that trust, or if you think that the trustee is mismanaging or stealing from the trust. You can also challenge the legitimacy of a trust if you have reason to believe that the person who created the trust didn’t have the mental capacity to do so or the trust was the result of undue influence by a caregiver, friend or family member. In all these cases, you can take legal action. These legal actions would more correctly be considered Trust Litigation, Trust Disputes, or Contesting a Trust.


Do I contest the family trust or take action against a Trustee?

Any action needs to be filed against the Trustee, the person in charge of the trust. The trust is just a legal entity. It has no ability to respond to any action without the Trustee(s) taking action.

How do I pursue trust litigation?

The first thing to do is contact an experienced trust litigation attorney. A free consultation will allow you to ask questions and determine the relative strengths and weaknesses, potential costs and timeframes.

How much does a trust litigation attorney cost?

Although an unpopular answer, the correct one is that “it depends.” The relative complexity of your case, the number of parties and claims involved, the passage of time, assets involved, etc. all mean that the case is likely to cost more. The relative resistance anticipated from the party to be sued also means higher costs. Fortunately, a good trust litigation attorney will be able to help you understand the value of your case and should be able to help you structure a financial arrangement that makes sense for you and the law firm. Don’t let your fear that you “can’t afford it” stop you from pursuing a claim. There are many ways to structure an engagement. Just ask.

Do I need a trust litigation attorney near me?

We recommend finding an experienced trust attorney familiar with the county probate court in the county where the trust is located. For example, if the beneficiary lives in San Diego, yet the trust is in Los Angeles, we recommend working with a trust lawyer in Los Angeles. A Los Angeles trust lawyer will generally be more familiar with the Los Angeles Superior Court Probate Division, versus an out of state attorney.


What does a probate litigation attorney do?
The Guide to Family Trust Embezzlement and Stealing
6 reasons I’d choose a probate attorney near me
The Power of Attorney California Guide
The Guide to Los Angeles Superior Court Probate Notes

About RMO Lawyers, LLP

RMO LLP provides personal and efficient inheritance dispute services to individual and institutional clients. The firm’s attorneys focus on probate litigation involving contested trust, estate, probate, and conservatorship matters. Serving California and Texas, with offices in Los Angeles, Pasadena, Orange County, San Diego, Fresno, the Bay Area, Dallas, and Houston. For more information, please visit

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About the Author

Scott Rahn, Founding Partner

Scott Rahn resolves contests, disputes and litigation related to trusts, estates and conservatorships, creating a welcome peace of mind for clients. He represents heirs, beneficiaries, trustees and executors. He utilizes his experience to develop and implement strategies that swiftly and efficiently address the financial issues, fiduciary duties and emotional complexities underlying trust contests, estates conflicts and probate litigation.

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