Will Challenge

If you have a will and that's all you have, you need to know that it is much more likely to be challenged in court than it would be if you had a revocable trust. Oh, you don't believe me? I've got 3 reasons why. Okay, write these down. Reason 1, most wills are do-it-yourself wills. Most trusts were written by attorneys. Which one do you think would be easier to challenge? Number 2, a trust is effective during the lives of the people who created it. Those people will be involved in the day-to-day maintenance of the trust, making it much more difficult to say there was any issue with incapacitation. And one of the main ways you attack a will is to say say that the person who wrote it was not of sound mind at the time they signed it. And number 3, a trust provides that someone will come in and take over if the person who created the trust is ever determined to be not of sound mind. It's like to consider the possibility that someone in the family will come in and cause problems after we're dead. The public nature of a will in probate court makes it easier to do so. The privacy of a trust makes it difficult.