TRUSTS CAN AVOID WILL CONTESTS

If a person anticipates that his or her will may be contested, it may be wise to establish a living trust. A person who is ill may not want to make investment decisions to continue managing their property.  They may be facing an illness that they expect to be difficult.

A living trust names the desired Successor Trustee who will take over if the original Trustee becomes sick or infirm. This gives the creator of the trustee the opportunity to put into control the person or persons they know and trust.  The living trust can keep property of infirmed persons out of the hands of untrustworthy individuals. 

A living trust empowers the Successor Trustee to take care of the Settlor and distribute the property as the Settlor directs at their death.  A living trust, created while the person is clearly competent is much more difficult to challenge than a will.  It is more difficult to challenge on grounds of incompetency or undue influence.