how to find a living trust attorney

Do I need a lawyer to make a living trust?

A living trust attorney is an attorney that specializes in living trusts, also known as inter vivos trusts. A living trust is a trust that is created while the creator is still alive. A living trust permits the individual creating the trust, also called the grantor, and the individual receiving the benefits of the trust, also called the beneficiary, to avoid probate. Probate is a process of distributing an …

How do I find a trust and estates attorney?

Dec 14, 2021 · In any case, you will need to do a little research to find a trusts and estates attorney that is right for you. If you don't already have a list of prospective lawyers, a great place to start your search is right here at lawyers.com where you can search for a lawyer by location (city, state, or zip code) and practice area.

Is a living trust right for You?

Simply type in, “living trust attorney near me” or “ estate planning attorney near me ” and see what appears. This should bring up lawyers in your area and surrounding areas that can help. There will be a map that shows up and gives the locations of attorneys as well as a list. You can click on the list to be taken to their website.

How does a LegalZoom living trust work?

A living trust attorney can help you decide whether a living trust is the correct estate planning strategy for you, or whether an alternative may be better suited. Typically, a living trust is best suited for an individual or married couple of substantial assets. A living trust attorney may offer his or her services based on an hourly rate, or (and more typically), a living trust attorney will …

What are the disadvantages of a living trust?

What questions to ask when setting up a trust?

What questions do you ask a living trust?

Is a living trust the same as a revocable trust?

What does a trust attorney do?

What is the point of a trust?

How do you prepare to set up a trust?

What is a revocable living trust?

Will and trust questions to ask?

What are the 3 types of trust?

What assets Cannot be placed in a trust?

Should a checking account be in a trust?

What to look for in an estate and trust attorney?

So, if you need a trusts and estates attorney, look for one who specializes in the area of your concern. For example, if your mother just passed away and you want to hire an attorney to settle her estate, look for someone with lots of experience probating estates in the county where your mother lived. (Probate rules vary county to county.) Or, if you want to plan your estate but have a complicated financial situation, look for an attorney with lots of experience drafting trusts, ideally someone with a tax background as well.

What can a trust and estates attorney do?

A trusts and estates attorney can help you: make a plan for what will happen your property when you die ( wills and trusts) avoid probate (living trusts, transfer-on-death tools, beneficiary designations) reduce estate taxes. plan for incapacity (powers of attorney and living wills) set up trusts for loved ones. manage ongoing trusts.

How to choose a lawyer?

Use your common sense and instincts to evaluate the remaining lawyers on your list. Eliminate those that don’t feel like a good fit, as well as those that are not confident that they can help you. Trust your gut and choose the lawyer that feels right to you.

How to get a lawyer to know what you are doing?

Talk with several lawyers. Get a sense of their communication skills as well as their expertise. You want to be confident that they know what they’re doing professionally, but also trust your gut about how well you ‘click’ and about how well the attorney will meet your needs.

What to ask other people about attorneys?

Ask other people if they have heard of the attorneys and what they think about them.

Can an attorney draw up a will?

If one of these attorneys offers to draw up your will or trust, he or she will probably just plug your information into a software program without really knowing the details about the law or what effects it might have on your estate.

Does every state have a certified specialist in trusts?

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.)

Specialty Search Sites

There are a few search websites that allow searching, but only show results specific to the type of law you are looking for. They are also great places to find information as they tend to maintain blogs of their own as well. An example is http://estate.findlaw.com/trusts/do-i-need-to-hire-a-living-trust-lawyer.html .

Telephone book

If you are not comfortable using the internet, you can use a telephone book to look up living trust attorneys in your area. Phone books are limited in that they do not provide much more than a short advertisement for different attorneys. No blogs, about me, or additional information.

Recommendations

If you know someone who has used a living trust attorney, you can always ask who they used and if they would recommend them. Getting a personal opinion from someone who has used a living trust attorney will help you know more about the lawyer.

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What is a living trust attorney?

Living Trust Attorneys are in reality estate planning attorneys with special knowledge regarding the legal restrictions and opportunities surrounding trust creation and administration. A living trust attorney can help you decide whether a living trust is the correct estate planning strategy for you, or whether an alternative may be better suited. Typically, a living trust is best suited for an individual or married couple of substantial assets. A living trust attorney may offer his or her services based on an hourly rate, or (and more typically), a living trust attorney will offer to create an estate plan for a person or married couple for one flat rate

What is a living trust?

A living trust, or “inter vivos trust,” is a trust that is created while a person is alive. The purpose of the trust is to hold property for the trustee for the benefit of a beneficiary – very much like a normal trust. A trust can be a valuable estate planning tool because it may allow the beneficiary to avoid certain types of taxes, it may help the beneficiary avoid probate, and it can also dictate the terms under which a beneficiary may use property.

What happens to property after death?

What happens to property upon death is a huge point of stress for many individuals. Thankfully, living trust lawyers can help alleviate the uncertainty surrounding the legal implications of property transfers by offering you a secure estate plan. Your living trust lawyer will work with you to understand your current financial situation, and your wishes for what happens to your property and wealth upon your death. Then, based on this information, your living trust lawyer will create an estate plan that may include a living trust to help fulfill your wishes.

How to create a living trust?

A living trust document must contain the following items to be valid: 1 Your name as the grantor of the trust 2 The name of the trustee who will manage the trust 3 The name of the successor trustee who will manage the trust should the trustee die 4 The names of your beneficiaries 5 How the assets are to be distributed to the beneficiaries

What are the elements of a living trust?

A living trust document must contain the following items to be valid: The name of the successor trustee who will manage the trust should the trustee die. A trust document doesn't need to be filed with the state.

What happens to a trust after death?

After your death, the trust distributes the assets to your beneficiaries. A living trust is created with a trust document or instrument. You may be able to create this yourself, but it makes sense to work with an attorney to create your trust in some situations.

What are some examples of conditions in a trust?

For example, a condition could be that your grandchildren must graduate from college to receive their inheritance or that your beneficiaries will inherit portions of the trust at specific ages.

How much is the federal estate tax exemption?

The federal estate tax exemption is currently set at $11.18 million. If your estate is larger than that amount, you'll owe estate taxes. Many states have estate taxes as well, so be sure to check your own state's laws so you know if you'll owe the state.

Is a trust document a typed document?

A handwritten trust document may be valid if it's properly signed and executed, but a typed document will be clear and easy to read and is always best. Keep it simple. The more basic your trust, the better. Don't include anything beyond the basic information required by the state. Transfer ownership.

Can you transfer assets into a trust?

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. A living trust is an excellent way to manage your assets during your life and ensure they are distributed to your beneficiaries after your death ...

What is a living trust?

A living trust is a document that allows you to place assets into a trust during your lifetime. You continue to use the assets, but they are owned in the name of the trust. You name a trustee who is responsible for managing and protecting the assets in the trust. After your death, the assets in the trust are distributed to ...

Why do people create living trusts?

Living trusts offer a variety of benefits, which is why they have become so popular. Living trusts allow your estate to avoid probate. By doing so you avoid the costs associated with having a will probated, but you also avoid the delay associated with probate. It can take months for a last will to be probated, but when you create a living trust, the assets in the trust can be distributed soon after your death.

What happens if you rely solely on a trust?

If you rely solely on a trust for your estate planning, the assets that are left out of your trust will pass via your state's intestacy laws. The living trust cost can also be seen as a drawback. You need to pay upfront to have the document prepared and make sure the trust is being managed. These costs may be more than those involved in having a will drawn up and probating a small estate.

What is a revocable trust?

A revocable trust (one that can be altered during your lifetime) does not avoid estate taxes that are applied by your state or the federal government. A special kind of living trust called an AB trust passes assets directly from one spouse to another and avoids estate tax. Living trusts do not pass through probate, ...

Why is a living trust important?

In this way, all of your assets can be protected. Living trusts provide a lot of flexibility and privacy and can be an important part of your estate plan. Considering all the options available to you can help you make the best choice. Ensure your loved ones and property are protected START MY ESTATE PLAN.

What is a trust after death?

A trust is designed to function during your life and after your death. A will provides for the distribution of all of your assets upon your death. It only provides instructions for what will happen to your assets after you die.

Do you need a power of attorney for a living trust?

Living trusts have all of your assets already placed in the ownership and management of a trust, so that should you become incapacitated, they are already being handled for you. 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 ...

What to do if you can't find your original trust documents?

If you’re unable to find your original documents, your best option is to find a new attorney and revise your estate plan. You can do a trust restatement in which it will be stated that the new terms of the trust supersede or replace any prior terms.

What recourse do you have when you don't have a copy of the trust documents?

What recourse do you have when you don’t have a copy of the trust documents? 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 location of the transferred files.

What happens if an attorney dies?

If an attorney dies, it’s the responsibility of their estate trustee to notify the California Bar Association if legal documents , including living trusts, have been transferred to another attorney. If you can’t find original living trust documents, you can contact the California Bar Association for assistance.

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.

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.

Do tax preparers need a copy of a trust?

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. Avoiding probate and keeping the terms of the living trust private are two big reasons why people choose to create them.