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You’ve gone through the trouble of creating an estate plan that includes a revocable living trust. Now what do you need to do?

Here is a checklist for you to consider:

1. Have you notified your successor trustee? You have probably named a relative, close friend, or a trust company to act as successor trustee after you die. Have you told tem about the trust? Maybe you want to go over it with them. Share your thoughts and wishes. Tell them where your valuable papers and itms are located.

2. Have you transferred title to your assets to the trust? A trust comes into being (becomes legal) when you transfer an asset (probably more than one) to it. You will need to transfer title to your bank and brokerage accounts, real estate, promissory notes held, individual stock certificates, etc., to the trust title, usually, John Smith and Jane Smith, trustees of the Smith Revocable Trust, dated January 1, 2005 (or something similar).

3. What about your thoughts on burial or cremation? Do you want to be kept on life support no mater what your age, condition, or likelihood of survival might be? Have you decided who will be in charge of making decisions for you if you can’t?

4. Are there assets that are not in your trust (retirement plans, IRA accounts, life insurance) that your trustee needs to know about?

5. Is there a change in your life or family that requires a review or revision to your estate plan? Have you recently received an inheritance, remarried, or have a close one die? All of these events should prompt a review of your estate plan and revocable living trust documents.

This is a short list to get you thinking in the right direction. The point is that once the revocable living trust is set up, your work and attention does not stop. You need to maintain the revocable living trust so that it can deliver all of the benefits that it can promise.

A will contest challenges the validity of the testator’s (will signer) intent and seeks to set aside the document or some of its terms. This article describes some of the grounds to bring a successful challenge.

In California, a will contest begins after a will is submitted to the probate court. An “executor” or “personal representative” will request that the court confirm the validity of the will, and then grant permission to distribute the decedent’s estate according to the document’s terms.

A person that was disinherited, completely omitted, or left a smaller amount than expected, can challenge the will on a number of grounds:

Undue influence. This is perhaps the most common element that can be shown to contest a will. An elder with substantial signs of dementia (long and short term memory loss) can become quite vulnerable to improper suggestions and manipulation. In essence, undue influence means taking advantage of another person’s weaker state of mind.

Coercion. This is another form of wrongful manipulation, and similar to “menace”. It involves using threats or intimidation to badger one’s desires and wishes into submission. Wrongfully imposing one’s own wants onto another.

Fraud. This intentional act requires the abuser to have misrepresented a material fact to the victim. The victim must have relied upon the fact, taken action against (what would otherwise have been) his or her better judgment, and caused damage to himself or another.

Duress. This is similar to taking advantage of another’s weaker state of mind, but generally applies to a psychological problem brought on by a specific set of circumstances (the recent death of a loved one, pending medical emergency, etc.). It involves the exploitation of the victim’s stressful mindset.

Mistake. Often, the testator simply made a mistake. For example, inadvertently forgetting to mention one of her seven children (with whom a loving relationship had always existed). The elder law attorney who drafted the will may have made a mistake and went unnoticed when reviewed by the client.

These are some of the ways that a will contest can occur.

Do you know What is a Irrevocable Trust? If you don’t, you are not the only person. Many people that do not have an understanding of what the meaning of an irrevocable trust is.

Although you may not know the meaning of the word, you have probably heard of trust before. When it comes to trusts there are two kinds. One of them is revocable and the other is irrevocable.

Now to give you a better understanding, it is important to get the gist of what a trust is. A trust involves a legal arrangement that a person makes for the things they own for when they die. This arrangement comes down to a written document, called either Trust agreement, or a Declaration of trust.

The individual who makes the document and bares the estate is the trustor or grantor that is listed. The other individual, who is given rights to the property for someone else, is listed as the trustee. This person has the obligation to protect the assets that are transferred within the trust.

Irrevocable trusts differ slightly than the general definition of a trust. Irrevocable trusts are when the grantor, or trustor no longer has legal control over the assets. This applies even in the case the person is alive.

There is still a trustee involved, who has the responsibility of managing the assets in the best interest for the beneficiary. The trustee should carry out the wishes of the trustor. Additionally, some tax benefits come along with these kinds of trusts.

Inter vivos trusts and living trusts refer to those who set up the trust while they are alive. Testamentary trusts, refer to those who put the information contained in their wills. A lot more information exists, in relation to irrevocable trusts. The best thing to do, is get all the information you can. This way you will know what you are getting yourself into.