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Thread: Re: Living Trusts (was Re: gay marriage)




Re: Living Trusts (was Re: gay marriage)
country flaguser name
United States
2007-11-07 08:14:55
Here's the two important paragraphs:

---Trusts are generally more difficult to contest than a
traditional will.
To invalidate a will you must either prove it was signed
under duress or
that the maker was incompetent on the day it was signed. To
invalidate a
living trust you would have to prove it was invalid not only
on the day it
was signed but each and every day it was in existence
thereafter.

---It is almost impossible to contest a Living Trust. When a
will is
contested the assets are frozen and they cannot be
distributed until the
claim is resolved. Assets placed in a living trust are not
frozen pending
the outcome of a legal challenge. Anyone wishing to contest
the trust must
file suit against each of the beneficiaries; in the meantime
the assets in
the trust can be distributed.



On 11/7/07, Erika L. Walker <elwalkerruwebby.com> wrote:
>
> Jim - good website just for reading.
> http://www.estateplanninglinks.com/epl_co
urse/estate_planning_intro.htm
>
> I had a few minutes this morning to find what I was
looking for ... it's
> several pages lonog but will give you a better idea
than my half-arsed
> attempt 
>
>
> On 11/6/07, Jim Davis <HOFListsdepressedpress.com> wrote:
>
> Actually I think they are looking into that.
>
> Still I think you're idea about a conditional trust is
a good one - I've
> been trying to stay out of the whole mess since I don't
really have a
> stake
> or skills - maybe I'll try to bring it up during the
post-Thanksgiving
> dinner relax-a-thon.
>
>


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