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Richard, Attorney
Category: Estate Law
Satisfied Customers: 53705
Experience:  29 years of experience practicing law, including tax and estate planning.
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Hello, What is stronger, a Will or a Trust?

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What is stronger, a Will or a Trust?
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. Both would be considered equally enforceable. The living trust simply allows a person to avoid the probate process. By forming the living trust during life and transferring assets that would otherwise be required to be probated to the trust, a person avoids the need for their estate to go through the cost, expense and time of probate. Although equally enforceable, it would likely be harder to contest the trust because the trust is usually put in place well in advance of death and so someone wanting to contest is going to have a much higher burden of showing any of the following elements necessary to sustain a valid contest....lack of requisite mental capacity, duress, fraud, coercion and/or undue influence.

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