Why Trusts Are More Effective Tools for Disinheriting Someone

There are many reasons why someone would no longer want to transfer money or assets to a family upon his or her passing. However, the person who is cut out of a will may be able to challenge its validity. While a trust could also be challenged, it is more difficult to do so successfully.

Why Are Trusts Harder to Challenge?

Trusts can be harder to challenge because they are not made available to the public. Typically, only beneficiaries get copies of the trust, and in many cases, they are the only ones who are allowed to challenge its terms. Therefore, it is possible that an individual won’t even know that he or she has been denied an inheritance or have any recourse in the event that it happens.

Trusts Tend to Be Finalized Years in Advance

Generally speaking, people will update their wills right up to the final years of their lives. Therefore, it may be easier to claim that changes were made under duress or while a person was not of sound mind. However, since a trust can account for a variety of scenarios in a single document, it is less likely that it will be changed. Since a trust is typically created several years before a person passes, it can be harder to say that its creator was not of sound mind when this occurred.

Your Trustee Can Help With Legal Challenges

In the event that a trust is challenged in court, a trust administration lawyer in Las Vegas can work with your trustee to defend the document. If you want, your attorney can act as a trustee. This can be ideal because your attorney can act as an objective party who will remain faithful to your wishes.