Tucson, AZ asked in Civil Litigation, Contracts and Estate Planning for Arizona

Q: Is there a specific format that an amendment to a Revocable Living Trust in Arizona must be in to be considered legal?

Can an amendment to a living trust be challenged in court and overturned by an interested party in the trust based on incorrect format of the amendment, which was drafted by a legal document preparer and not a lawyer, and if so what would be the process or specific form to complete for an individual to challenge the amendment initially without the help of an attorney?

1 Lawyer Answer
Ryan K Hodges
Ryan K Hodges
  • Estate Planning Lawyer
  • Mesa, AZ
  • Licensed in Arizona

A: An amendment can be challenged if it does not comply with the form of an amendment provided for in the trust or if it has other legal defects. As far as I know, the court does not offer a particular form for doing so. The court has a generic objection form that could be adapted to that purpose.

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