Can my heirs contest an irrevocable trust?

On Behalf of | Dec 5, 2019 | Estate Planning

If you worry about a family member causing issues with your estate after your death, then you may take steps when creating your estate plan to avoid such problems. Trusts are usually an excellent way to avoid any upheaval and allow for the peaceful passing of assets to your heirs upon your death. However, it is possible for an heir to contest an irrevocable trust in Pennsylvania.

Zacks explains that contesting an irrevocable trust is similar to contesting a will. It will stop the trust administration and send the matter before the court. One thing to note is that someone can fight a trust before you die, too. Only when you are alive is challenging the trust not contesting it. During a challenge, you can defend your decisions, which makes it easier for you to win.

The good news is that to contest the trust successfully the person must show that you were not mentally able to create it or prove there is some error in it. This is not especially easy. You can combat this from happening by making your wishes clear before you die. Let everyone know about the trust and your intentions with it. Address any concerns while you are still alive.

Being proactive is the best way to make sure things go smoothly after you die. Someone could still contest something about your estate plan, but if you were clear about what you wanted to happen, it would be tough for them to prove their case and win in court. This information is for education and is not legal advice.

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