Will having a living trust avoid challenges by my beneficiaries or heirs?
No. Heirs or beneficiaries can challenge the validity of a living trust on legal grounds similar to those available for challenging a will. It may be alleged that a living trust is invalid because the grantor was incompetent at the time of establishing the trust or was unduly influenced by some person to establish the trust in a particular manner. Further, although the time period for challenging the validity of a will can be limited to 4 months, there may be a much longer time period under which the validity of a living trust can be challenged. The cost of defending the validity of a will, where the executor acts in good faith, is payable from the probate estate. It is not clear under Ohio law whether similar expenses in defending the validity of a living trust would be borne by the trust assets or by the trustee personally.

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1. Will a living trust save income taxes?
2. Can I preserve assets in a living trust and still qualify for Medicaid?
3. Will having a living trust avoid challenges by my beneficiaries or heirs?
4. Will I save estate taxes with a living trust, compared with a will?
5. Will a living trust protect my assets against creditors?
6. Will a living trust help me while I am living?
7. How are trusts classified?