Martin Folino - Your Living Trusts Attorneys - Dayton Ohio

Understanding the need for a living trust starts with knowing what questions to ask. These are some of the common concerns about living trusts. Every case is different so please feel free to call our office and discuss your specific concerns about setting up a living trust or even deciding if you need one. We handle many cases from drafting of wills, probate matters, and helping those that need to do so set up a living trust.


What You Should Know About Living Trusts

Avoiding Challenges By My Beneficiaries or Heirs

in Living Trusts Contesting a Will Wills

Disgruntled heirs or beneficiaries can challenge the validity of a “living trust” upon legal grounds similar to those available for challenging a will.

Will having my assets in a living trust avoid challenges by my beneficiaries or heirs?

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 four 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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