What questions should I ask a trust attorney?

What questions should I ask a trust attorney?

To find out what’s right for you, ask your attorney the following questions.

  • What Property Can Go in a Living Trust?
  • Who Should Be My Trustee?
  • Does a Living Trust Avoid Estate and Probate Taxes?
  • What Are the Benefits of a Living Trust?
  • What Are the Drawbacks of a Living Trust?
  • Do I Still Need a Power of Attorney?

What do attorneys fear the most?

Some of lawyers’ most common fears include: Feeling that their offices or cases are out of control. Changing familiar procedures. Looking foolish by asking certain questions.

How to choose the best trusts and estates attorney?

Not every state certifies specialists in trusts and estates, or estate planning, but if your state does, selecting a lawyer with this certification provides an added assurance that he or she is qualified. (A certified specialist may charge more than someone without a certification.)

When to hire a lawyer for a living trust?

Individuals with complex estate planning needs should consider hiring an attorney to prepare their living trust. You may consider hiring an living trust lawyer if you’ve a complex estate plan. For example if your plan includes:

Can a trust attorney create a special trust?

An attorney can create this special trust for you. You need help transferring assets. If you aren’t sure how to legally transfer your assets into the trust, a will and trust attorney can help you do it correctly so that your trust can go into effect.

Can a trust be dissolved by all the beneficiaries?

In some circumstances, if all the current and remainder beneficiaries agree, they can petition the court to end the trust. State laws vary on when this is allowed. Usually, the purpose of the trust must have been fulfilled or be impossible.

How does an attorney testify in a trust case?

Occasionally, an attorney testifies about trusts, wills, or other estate planning instruments, or about an estate planning attorney’s standard of care. If one side hires an expert to testify on a particular subject, the other side will probably do the same.

What to ask an attorney about a living trust?

Most attorneys do recommend you also draw up a power of attorney which will authorize someone else to make legal and financial decisions on your behalf so that there is no question you have someone to handle decisions should you be unable to do so. What Is the Difference Between a Living Trust vs. Will?

Who are the experts in trust and estate cases?

Most trust, estate, and elder abuse cases require the testimony of expert witnesses. The most common expert is a neuropsychologist or neuropsychiatrist (sometimes both) to testify about the decedent’s (or conservatee’s) mental capacity.

Can a will be overridden by a trust?

So if you use your will to leave the ring to you granddaughter, but you name your niece to get it through your trust, your trust would override your will because your trust, not you, owned the ring when you died. There are some exceptions to this general rule. See a lawyer if you have a specific question.