WHO WOULD ARGUE WITH GEORGE WASHINGTON?

George Washington’s self made will had some wonderful features. I’m thinking of re-popularizing at least one of them. You see, he had a well constructed clause to direct the settlement of disputes in the event there should be any.

As an estate planning attorney, I have long been a proponent of using revocable living trusts in the process. They avoid probate, make the settlement go smoothly, and cost less money in the long run. And they generally avoid conflicts in settling an estate.

A living trust is a written document to perform the same functions as a Last Will and Testament. But it does so without probate, if properly written and funded. Thus keeping the estate out of Court. So in order to dispute the trust, a new lawsuit must be filed. This was often considered unworkable. read more