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Can a living trust be contested? 
Yes, but it is often more difficult than contesting a will. In many states, because there is no 
probate, assets can be distributed quickly and privately. Disgruntled heirs may not even know 
you have died until after the assets have been distributed. If they want to contest, they would 
have to hire an attorney and sue the trustee and/ or each beneficiary individually. This costly and 
time-consuming process often discourages even the greediest "heir" from contesting a trust. 
Are living trusts new? 
Not at all. They have been used effectively for hundreds of years. 
Why haven't living trusts been used more in the past? 
One reason may be that probate is big business-so your best interests may not have come first. 
Another reason is that estate planning is complicated, and many professionals did not have the 
necessary training and experience in this area. So, for years, only people who could afford the 
services of the top estate planning experts were given information about trusts. In recent years, 
nonprofessionals have become more knowledgeable about living trusts through seminars and 
publications like this one. As more consumers learned about them and wanted them, more pro- 
fessionals became educated about them, too. Today, living trusts are widely accepted and used 
by the legal profession as the foundation for most estate plans. 
Who should have a living trust? 
Just about everyone can benefit from having a living trust. Age, marital status and wealth really 
do not matter. If you own titled assets and want your loved ones (spouse, children, grandchildren 
or parents) to avoid court interference at your incapacity or death, you need to seriously consider 
a living trust, and the sooner the better. You may also want to encourage other family members 
to have one so you won't have to deal with the courts at their incapacity or death. 
Is a living will the same as a living trust? 
No. A living trust is for financial affairs. A living will is for medical affairs; it lets others know how 
you feel about life support in case of terminal illness. However, a living will is limited because it 
deals only with very specific terminal situations. And, in most cases, it is not legally enforceable. 
A more powerful document is an advance directive for health care, or health care proxy as it is 
called in some states. This lets you choose the person you want to make any medical decisions 
for you-including life support-if you are unable to make them yourself. It's legally valid and 
enforceable. And it keeps the courts from interfering in these private decisions. 
If I have a living trust, have I finished my estate planning? 
Not necessarily. A living trust is the perfect foundation for most estate plans. And, packaged 
with the appropriate support documents (pour-over will, durable power of attorney, health care 
documents), it will be all many families need. However, depending on the size of your estate, 
your family situation and your goals, you may need additional planning to make sure your plan 
does everything you want it to do. After reviewing your situation, the attorney who prepares your 
living trust may have some additional options for you to consider, including irrevocable trusts, 
additional insurance, and/or a gifting program. 
When should I set up a living trust? 
N ow, while you are healthy and you don't think you need one-because, remember, with estate 
planning, you don't get a second chance. 
You've taken the first step-you're finding out about estate planning and living trusts. And that's not an eary 
first step for mat!)' people. After al~ no one reallY likes to think about his or her otun mortality, or the possibil- 
ity of becoming incapacitated. This is exactlY IJJi?y so mat!)' families are caught rff guard and unprepared when 
incapacity or death strikes. Don't wait until it's too late for you and your familY. A living trust is one of the most 
thoughtful and considerate gifts you can give to those you love. 
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