Legal Question in Wills and Trusts in Michigan

Trust contest I currently have a living trust,and a special needs trust within for my,Son when I pass away my L.T will fund his S.N.T . I have a lot of changes I want to make and add additional provisions in both,should I do a complete revision and restatement to my current trust or should I void these trust and start over so I can have a stand-alone S.N.T for him. I am also concerned my other,Son will contest (he has only come to visit me 2 times in 55 years and never calls. I don't mind spending the extra money and start over if if it is better to do so, I have to be certain he is taken care of ...Thank you very much


Asked on 4/28/14, 2:24 pm

1 Answer from Attorneys
Brad Lambert Lambert & Lambert PLC

I recommend a complete revision. It is easier for the drafter (and thus better for you) to work from the drafter's standard form, and the extent of revisions you describe make a new form preferable anyway. You can insert a no contest clause in your Trust, but that clause is subject to the statute allowing contests for which there is probable cause. Under these circumstances, a well drafted Trust is likely to pass that test.

This answer is given for informational purposes and does not constitute legal advice.

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Answered on 4/28/14, 3:03 pm


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