what to do if you don't trust estate attorney

You need your own lawyer to investigate a possible breach of trust. You may have grounds to remove or replace executors. When in doubt, speak to your own estate lawyer.

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How can a trust and estate attorney help you?

Estate planning attorney Martha Patterson discusses the importance of hiring an attorney if your loved one has died without leaving a will or living trust. P...

What should I look for when hiring a trust attorney?

Mar 17, 2020 · If you are an estate beneficiary, and you are confused by what’s going on or suspect foul play, the best thing you can do is to hire your own attorney. Your attorney can explain the probate process to you, obtain information from the estate’s attorney in an efficient way and, if necessary, file reasonable and legally sound pleadings on your behalf.

Can you do estate planning without a lawyer?

Dec 14, 2021 · Choose the Right Lawyer for You. Trust your gut. 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 do you avoid making a mistake with an estate?

Dec 07, 2010 · When an attorney is referring patients to a specific doctor all the time, you wonder what that doctor doing for them in return. You don’t want this to …

What are the two types of trusts?

The two most common types of trust are living trusts and testamentary trusts. Living trusts are created while the grantor (you) is still alive through the transfer of property to a trustee. The trust is in the grantor’s control, but once the grantor dies, the trust becomes irrevocable and can no longer be changed.

Who manages a trust?

You see, trusts are administered by trustees, who manage the trust for the benefit of a third party. They handle the assets in the trust, but the assets are not the trustee’s property. The trustee’s job is to act for the benefit of the grantor and the beneficiaries. Here’s the problem: you have to, well, trust your trustee.

Can a trust attorney help you?

A trust attorney can help ensure that your trust is executed according to your wishes, whether they’re the trustee or not. This is especially helpful if your trust is unusually complicated or it’s being administered on behalf of minors or disabled adult children.

What is a testamentary trust?

Testamentary trusts, or trusts under will, are trusts created by a will after the grantor dies to preserve assets for children from a previous marriage, ensuring the financial security of a surviving spouse, taking care of beneficiaries with special needs, or giving to char ity. A trust attorney helps guide you through the process of setting up, ...

What is a trust attorney?

A trust attorney is basically your personal guide through the financial planning process. Their role is to walk you through the laws in your state, assess your goals, and help establish a trust that acts as the perfect balance between the law and your personal needs. A trust attorney knows the ins and outs of estate planning.

Why do you need an estate lawyer?

An estate lawyer can help take a load off your mind and ensure that your estate is executed according to your wishes.

Who is Katherine Bishop?

Katherine Bishop is a staff writer for Attorney at Law Magazine. She has been a writer with the publication for more than four years. She also writes for Real Estate Agent Magazine.

What is lawyer time?

A lawyer’s time is considered an expense involving estate administration. In Washington, these expenses are prioritized ahead of any estate distributions to the beneficiaries. In other words, the beneficiaries may think their constant contact with ...

Who represents the estate in probate?

In a probate matter, the estate’s attorney generally represents the Personal Representative, in his or her fiduciary capacity. What does that really mean? That means that the lawyer works with the Personal Representative so long as that person is acting in the estate’s best interest.

Is a lawyer a fiduciary?

Since, again, the lawyer represents a fiduciary and must seek to act in the estate’s best interest, often it is in the estate’s best interest if the lawyer does not communicate excessively with the beneficiaries. Otherwise, one problematic beneficiary can unfairly reduce the other beneficiaries’ distributions.

How to get a lawyer?

Talk to a Few 1 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. 2 Check in with references. Have brief discussions with clients or colleagues who have an opinion about the lawyer's skills and trustworthiness. (You can ask each lawyer for a list of references to call.) 3 Ask who will do the work. Anticipate that the lawyer you hire may delegate some work to his or her staff. Ask about how much of the work the attorney will do, and consider whether the answer is in line with your expectations. 4 Double check promotional materials. Ask for a copy of a firm brochure and promotional materials. Crosscheck these materials against other sources and references. 5 Understand the retainer agreement. Make sure you understand and agree to the lawyer’s retainer agreement. 6 Consider any special needs you have. For example, could you benefit from an attorney who speaks a language other than English? Do you need the office to be wheelchair accessible? Do you prefer to communicate by phone, rather than email?

What to do when you die?

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. help with probating estates.

Does Medicaid affect estate planning?

For example, if you're going to rewrite your will and your spouse is ill, the estate planner needs to know about how Medicaid will affect your estate plan. Unfortunately, there are some attorneys who hold themselves out as experts in trusts and estates, but who have little or no experience in this area of practice.

Can you trust your attorney? Don't miss these red flags

An incompetent or corrupt attorney can ruin your case. I got a call the other day from someone looking for an expert witness for a legal malpractice case. It was a somewhat unusual call. Their attorney should be the one finding people who can review the case and testify as a witness. If they are asking their client to do this, it’s a red flag.

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I am a lawyer who talks like a regular person. I provide direct, honest advice, and if needed, I will recommend a lawyer to you.

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.

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.

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 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.

Why do attorneys have to disclose information?

Your attorney must disclose important information to you because of the duty of candor. Your attorney must explain the pros and cons of any recommended course of action. They also must tell you about other reasonable options. If the other side makes a settlement offer or demand, your attorney has to tell you the terms immediately. Also, if your attorney obtains other facts or information that would be important, they have to disclose those facts to you. Your attorney may never lie to you about your case.

What is fiduciary duty?

They may not engage in self-dealing or misappropriate client funds. There are many breaches of fiduciary duty that all involve somehow working against the client, or neglecting to do the right thing. Acting as a fiduciary requires a very high standard of behavior. This provides a very strong layer of protection precisely so that people can feel safe trusting their attorneys.

Can an attorney work for both sides?

Unlike real estate agents, attorneys can never work for both sides. If they do so intentionally, they would almost surely be disbarred! We all have the duty of highest loyalty to our client. That said, attorneys can cooperate with the other side to get things done. Your attorney just can’t work against you or give away your advantages. Don’t let common courtesy and fair play destroy your trust in your attorney. For example, granting the other side an extension because they were on vacation is normal.

Why is it important to have a durable power of attorney?

In addition to a health-care power of attorney, it’s important to give someone durable power of attorney to act as your agent if you become unable to tend to your finances. Advisors say many clients name different people to handle each health-care and financial decision.

How often should I check my estate plan?

Advisors say you should check it every three to five years unless you face a major life change.

Does Mike Keeler have children?

Certified financial planner Mike Keeler has a client, a retired teacher, who saved diligently for her golden years and will leave behind a sizable estate when she passes away. Her estate-planning challenge, though, is that she has no children. It’s a situation financial advisors come across frequently: Childless clients who are unsure ...