families experiencing significant conflict may consider whether a revocable living trust is appropriate instead of, or alongside, a standard will. The advantages depend on the individual’s circumstances and the way the trust is drafted and funded.
A will generally becomes part of the probate process, which can make the document and related proceedings more accessible through the court system. A properly created and funded trust may allow certain assets to be administered outside probate and can provide greater privacy.
However, a trust does not automatically prevent an heir from challenging an estate plan, nor does it guarantee that a dispute will be avoided. Its effectiveness depends on the applicable law, the structure of the estate plan, and whether the trust has been properly established and funded.
The legal question may have an answer, but the harder question is often personal: what do you actually want your final estate plan to
