do i contact the attorney who did will and trust of the decedent

What does a trust lawyer do for a will?

If you believe that your loved one changed their will or trust because of undue influence, duress, or other unjust circumstances, you should contact an estate attorney, immediately. An experienced estate lawyer can explain the most effective legal tools available to address the will or trust’s validity, and your ability to get your rightful inheritance.

What happens to a will when a lawyer dies?

Sep 08, 2016 · That attorney is more likely to pick up the probate than anyone else. A locked filing cabinet full of wills is a potential goldmine of future probate work. There are good reasons to let your attorney keep your original wills. If your wills are in your attorney’s safe, you do not have to worry about losing them.

Can a trust be created for a deceased spouse?

A lawyer with experience handling will and trust disputes can review your situation and advise if mediation is the best course of action for you. If you have a large estate or contentious family dynamics, a mediation session may also be appropriate during the estate planning process.

Do I need a lawyer to set up a trust?

The result is that there’s no way of knowing who the decedent named as successor trustee, beneficiary, or what the terms of the trust distribution are. ... If you know the attorney that drafted the trust, you can contact them to request a copy. But, if that attorney has since retired or the attorney died, it can be difficult to find the ...

Does a trust have to be filed with the court in California?

The terms usually become irrevocable when the creator of the trust dies. A trust may also be set up by a will, which leaves property in trust for a beneficiary. These trusts are called testamentary trusts and are usually irrevocable. Trusts are not filed or registered with the Court.

How does trust work after death?

A living trust becomes irrevocable upon the death or incapacity of the last of the original trust creators. The trustee distributes assets to beneficiaries according to the decedents' instructions without having to go to court and without court supervision.

How long does it take to get inheritance money from a trust?

You cannot receive your inheritance until the estate has been properly administered. This generally takes between nine and 12 months, although it can take longer in complex estates.Sep 8, 2021

What are the disadvantages of a trust?

What are the Disadvantages of a Trust?Costs. When a decedent passes with only a will in place, the decedent's estate is subject to probate. ... Record Keeping. It is essential to maintain detailed records of property transferred into and out of a trust. ... No Protection from Creditors.Oct 23, 2020

What is the legal requirement for a will to be executed?

For a will to be legally executed, the testator must voluntarily sign it. The law considers the signature to be evidence that the will is the testator’s and that they agreed to its contents.

How are testamentary trusts created?

Testamentary trusts are created by the grantor’s will. The will establishes the trust, states what property should be transferred, and names the trustees and beneficiaries. Testamentary trusts are irrevocable and cannot be changed since they are not created until the grantor passes away.

How to prove undue influence?

However, indirect evidence can also be used to prove undue influence. Examples of indirect evidence that support a finding of undue influence in a new will or trust include: 1 The testator or grantor is at risk of being taken advantage of due to their age, health, or mental capacity 2 The testator or grantor is elderly and made dramatic changes to an existing will or original trust document 3 The property distribution in the new will or trust considerably differs from how the testator or grantor told people they planned to distribute their property 4 The property distribution in the new will or trust is unexpected and unexplained 5 The property distribution in the new will or trust substantially differs from earlier versions of the will, trust, or other important documents 6 The influencer had a dependant or confidential relationship with the testator or grantor 7 The influencer was present when the new will or trust was executed 8 The influencer benefitted from the will or trust

What does "testamental intent" mean?

Testamentary intent means that the will must indicate the testator’s wish for the document to be their will. A will can evidence testamentary intent with a simple statement like “This is my last will and testament.”

Can a living trust be revocable?

Living trusts are established while the grantor is still alive, and generally remain revocable while the grantor remains alive. Grantors usually can change revocable trusts at any time or revoke them entirely. Upon the grantor’s death or incapacity, a revocable living trust becomes an irrevocable trust.

Can a minor make a will?

Most states do not allow people younger than 18 to create legally-binding wills, but some states set a lower minimum age. Also, most states allow some minors, such as emancipated minors or underage military members, to make wills.

What happens if a will is changed?

If the decedent changed their will because a third party compelled or forced them to do so, interested parties could dispute the estate plan’s validity on the grounds of undue influence. In many cases, the parties may disagree about whether the decedent was coerced into creating or changing estate planning documents, and obtaining the evidence needed to pursue or defend an undue influence claim demands the assistance of an estate litigation lawyer.

What is the best way to resolve an estate dispute?

Mediation is a great way to resolve an estate dispute. Estate conflicts are often about more than legal issues; they usually involve family relationships or other long-term relationships and the relationship issues that have percolated for years.

What is testamentary capacity?

Interested parties may also be concerned that the decedent did not have the necessary “testamentary capacity” when creating the will. Testamentary capacity is a very low bar when it comes to wills, and simply refers to the decedent’s ability to understand three basic concepts: 1 That they are making a will 2 The nature of the property they own. 3 The people who will inherit their property.

What is the role of a mediator in an estate?

The mediator’s job is simply to assist estate attorneys and their clients to resolve the conflict. The role of the estate attorney in the mediation process is to advocate for their client’s best interests to protect their client’s legal rights.

What is an estate dispute?

An estate dispute, contest, or conflict can occur either after the death of a family member or friend, often called the “decedent,” or during the estate planning process. Family members, beneficiaries, or other loved ones may disagree with the decedent’s choices or the interpretation of the decedent’s wishes.

How does mediation save money?

In addition to providing a quicker resolution where you, rather than a judge, controls the outcome of your case, mediation also saves financial resources . Court processes and trials are expensive, and such things as expert witness fees and trial preparation costs may be avoided entirely, saving you significant money.

What is an executor?

An executor or personal representative is the person the decedent appointed to manage the estate after their death. Conflicts over executors frequently arise when interested parties believe that the decedent made a poor choice in selecting an executor, did not choose the executor (or did not chose him/her freely), or when other parties think that the executor is mismanaging the estate.

Where are trust documents kept?

In some cases, the original trust documents are kept in the drafting attorney’s safe , and the client is provided with copies of the signed documents. When the drafting attorney moves or retires, the original documents can be returned to the client or transferred to the attorney who is taking over the practice.

Where to store a living trust?

It’s important to store your living trust document in a fireproof and waterproof box in your home or in a safe deposit box. Make sure that your spouse, partner, or successor trustee knows the location of your original document.

Do you need a copy of a trust agreement?

So, your investment adviser may be able to provide you with a copy. In addition, your tax preparers and accountants should have copies of the trust agreement along with a copy of your will in their permanent files.

What is the phone number to call for probate?

If you have questions about the management of your loved one’s estate or the probate process, call us anytime at (888) 694-1761 to get answers.

Why is it important to protect assets after death?

Assets need to be protected. Following the death of a loved one, there is often a period of chaos. This, coupled with grieving, presents a unique opportunity for those bent on personal benefit. It is important for the family, even before the opening of an estate, to protect all assets that belonged to the decedent.

What to do after losing a loved one?

After losing a loved one, your focus is on your family and on grieving the loss —not administering the estate. But there are many concerns that must be resolved to ensure your loved one’s final wishes are respected while protecting the bonds of your family. Knowing what to do before grief strikes can help you navigate the difficult time ...

Can creditors open an estate?

Creditors can open an estate. Holding the assets of the decedent in an effort to prevent creditors from reclaiming their debt is a risky proposition. Creditors have the right, after enough time passes, to petition the court to open the probate estate themselves.

Do you need a death certificate after a funeral?

Most funeral homes assist families with obtaining these certificates. You should get several copies of the death certificate to ensure you have enough for all administration needs .

A California blog discussing the law and trust, estate, elder, fiduciary, beneficiary and Probate Court related litigation and disputes, and contentious administrations – see additional detail below – note: sometimes I post information just to pass it along on these topics (not an endorsement), and sometimes I provide only brief comments or no comments, not a more full discussion

This blog primarily discusses trust, estate, probate, power of attorney, conservatorship, elder and dependent adult, estate planning, Probate Court, discrimination (age/disability), nursing home and care, mental capacity, undue influence, fiduciary duty, beneficiary, responsibilities and rights, and conflict of interest litigation and disputes, and contentious administrations; evidence and trials; and mediation, dispute resolution and mediator services.

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Disclaimer. This blog and website are public sources of general information concerning our firm and its lawyers, and the information presented. They are intended, but not promised or guaranteed, to be correct, complete and up-to-date as of the date posted.

What is the job of a trust attorney?

The trust attorney’s tasks also include drafting documents intended for the protection of the assets against lawsuits and taxes. The first thing that a trust lawyer must do at the start of the engagement is to make a plan based on the needs of the client.

What is a trust in estate planning?

Setting up a trust has been a popular estate planning tool, especially if you want to leave properties and assets to your loved ones without the hassle of undergoing the probate process. In a trust, the creator or trustor transfers his property under the care of a trustee, who can be a trust lawyer, in favor of the beneficiary.

What is a trust plan?

The plan is based on the economic and financial circumstances of the client as assessed by the trust lawyer her or himself. The trust lawyer must also evaluate whether the client is married or not, the number of children, as well as incapacity issues that may be relevant as to the terms and conditions of the trust.

Can a lawyer be a trustee?

As mentioned above, you can even name a lawyer as the trustee, which can be helpful in cases where the estate is large and complex. However, the role of trust lawyer is not only confined with the creation and administration of the trust.