One of the least understood aspects of estate planning is how easy it is for a disgruntled heir to disrupt a will-based plan — and how much harder it is to disrupt a trust.
How a Will Challenge Works
In both Florida and Minnesota, probate is a court-supervised process. Any “interested person” — which includes heirs, beneficiaries, and sometimes creditors — has the right to appear in probate proceedings and raise objections. In an informal probate proceeding in Minnesota, a single objection can convert the matter to a formal proceeding, which requires court hearings and more intensive judicial oversight.
The bar to initiate a challenge is low. An interested party does not need an attorney to show up at an initial hearing and state that they object. They do not need to file a formal pleading at that stage. In some cases, a phone call to the court clerk is enough to register an objection and trigger procedural consequences.
The Real-World Cost of a Three-Word Challenge
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A Story From My Practice I helped a woman through one of the more difficult probates I have been involved in. Her husband was an airline mechanic in Minnesota who had just retired — literally days before he died. He tripped leaving a restaurant after a retirement celebration, hit his head, and was gone. He had a will, a second marriage, and a lake home from his first marriage titled in his name alone. When a storm damaged the lake home a few months after his death, his wife discovered she could not collect the insurance proceeds — because his name was the only one on the deed. That forced us to open probate. He had also disinherited a son from his first marriage. Probate required us to notify all interested parties — including that son. He showed up at the initial hearing and said three words: “I challenge this.” Then he walked out. We never heard from him again. He never filed a single document. He never appeared at another hearing. But those three words triggered a formal probate proceeding. More court supervision. More attorney time. More cost. More stress. All landing on a widow who was already grieving — because her husband’s estate had a will instead of a trust. A will made it effortless to cause serious harm with no commitment required. |
Why Challenging a Trust Is Far Harder
Trusts are not immune from challenge, but the barrier to entry is substantially higher. To challenge a trust, a person must:
- Retain an attorney willing to take the case
- Pay that attorney to research the trust and prepare formal legal pleadings
- Serve those pleadings on the trustee and other interested parties
- Pay court filing fees to initiate the proceeding
None of that can be accomplished with a phone call or a three-word statement at a hearing. A trust challenge requires genuine commitment — financial and otherwise. In my experience, many potential challengers who would readily disrupt a probate proceeding would never follow through on the far more demanding process of challenging a trust.
What This Means for Your Estate Plan
If you have complicated family dynamics — a second marriage, children from a prior relationship, a disinherited heir, or a family member who has historically caused conflict — the structural vulnerability of a will-based plan deserves serious consideration.
A trust does not make your estate challenge-proof. But it dramatically raises the effort and cost required to cause disruption — which, in practice, is often enough to prevent it entirely.
For a broader look at what wills and trusts can and cannot do, see: 7 Common Myths About Wills vs. Trusts.
Ready to Talk Through Your Situation?
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The right plan is not the one that sounds simplest. It is the one that actually protects your family.
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About the Author Chuck Roulet is an estate planning and elder law attorney with nearly 30 years of experience, licensed in both Minnesota and Florida. He is the founding attorney of Roulet Law Firm, P.A., with offices in Minnetonka, MN and Venice, FL. He has been featured in USA Today and other national media, and is the author of The Florida Snowbird Guide. |
Legal Disclaimer: This page is for general informational purposes only and does not constitute legal advice. Laws vary by state and individual circumstances differ. Please consult a licensed attorney in your state for advice specific to your situation. Roulet Law Firm, P.A. is licensed to practice law in Minnesota and Florida.
