Trusts Legal Questions

The answer depends on what type of change it is, and the language of the trust.  If there is a provision in the  trust that specifically allows you to amend or revise it, you may be able to.  I would make a copy of the trust, write the change on that, and sign and date it with a notary or witness.  If the change is substantive (for example, omitting someone from the trust or changing distributions somehow, it 's probably worth paying a lawyer.  ... Read More

I am glad to see that you are considering which options are best for you and your family moving forward.  In order to respond to your questions though,  I have some answers and questions for you: 1. Do you have a will?  If you have a will already, has a revocable trust been created at the same time?  You should definitely consider placing your home either in a trust or in some other type of estate (joint estate? life estate?) there are many options that may avoid probate.  2.  You may want (and I highly suggest) a Power of Attorney (naming your son and possibly your daughter as an alternate) as the agent to step in your shoes if you are unable to handle affairs or speak for yourself.  I would also suggest a Health Care Surrogacy (Health Care POA) to have your children (or other respected loved ones) as a surrogate if you cannot speak for yourself regarding health care decisions. 3. If you have a will, your son, daughter or another trusted advisor can be your personal representative (executor) and with a trust, you can name the trustee to handle any assets placed in the trust.  You should speak to an estate planning attorney or elder law attorney to help with these decisions.  I wish you best luck.  Andrea Jakob... Read More

The lawyer is representing your brother and, thus, has authority to act on your brother's behalf. That is why the envelope is addressed to the lawyer. Even if you send it to your brother, he would have to give it to the lawyer because only the lawyer can file the document with the court.    ... Read More

There are not standard fees throughout law firms, so in order to find out what any given firm or attorney will charge to update estate planning documents such as Wills you will need to contact the firm/attorney and ask them. Also, please be aware that there's not usually a standard fee for all Wills, for example: the complexity of the plan that is desired affects how long it takes to prepare any given set of documents, and therefore usually affects the price. And finally: it is not possible to compare work quality on a dollar basis. Very inexpensive firms often give little, if any, advice or planning help, and in a lot of cases the attorney may not even really focus on estate planning. That can mean that your Wills may not be worth even what you paid for them. Look for attorneys that focus largely on estate planning, and not on a lot of other areas (it's okay if the firm has more than one area, but you don't really want your Will done by an attorney who also tries to do real estate, bankruptcy, and divorces, for example). Best wishes to you.... Read More

I am not sure exactly what you are askiing because I am not sure what you mean when you say "estate", conversatoryship or probate? If you are saying that your husband is going to put the property in the name of his children, this would be a conflict and should not be done without the courts approval.... Read More

Thank you for the question.  In Florida, a Last Will does not get filed with the Probate Court until someone passes away.  I would make sure your loved ones have a copy of your last will, your living will, health care surrogacy and Florida Durable Power of Attorney and that they know where to find the originals.  I often use a great resource called Docubank to store and retrieve my client's health care documents and you can contact them directly.  Good luck to you, here is the site I referenced: https://www.docubank.com/ ... Read More

This is a very interesting question.  Even if you can prove she deliberately did not continue paying premiums on the policies, does she have assets to satisfy any judgment you might get against her?  Your claim woudl be a breach of fiduciary duty, not negligence.  You  may have a problem with who has the right to file the lawsuit.  She owed your father a duty to act as he would have acted.  It might be a claim owned by your father's estate rather than you.  ... Read More

It's not clear WHO this "someone" is. If your mother had a will, and if the named executor knows she has died, then that person should begin administration. If you, as a person who lived with her, know where the will is, YOU should lodge it with the court and locate the named executor. If she didn't have a will or a trust, then anyone can file for a probate (if her assets are sufficient to require a probate) to get authority to distribute her assets.... Read More

There is no public record for that. The best way to try to figure out what attorney a deceased person used is to look through the person's belongings to see if there is any information that shows that he or she paid an attorney, received documents from an attorney, or otherwise communicated with an attorney.   If you never received a copy of the Will but your sister claims that there is one, you are likely better off finding an estate litigation attorney (I do NOT do that work) and having them help you file a petition to force your sister to produce the Will. You can also seek to have yourself appointed as the administrator of the estate if your sister is claiming that there is a Will but not offering it for probate, you don't have to take her word that there is a Will. You should also call the probate court of the county where the person lived to see if there has been anything offered for probate, filed for safekeeping, or filed for informational purposes only. If there has been, you may be able to get a copy. Best wishes to you.... Read More

No one can answer that without meeting with you and reviewing the trust. In general, though, an attorney who did not draft the original trust will need to do a full restatement of that trust. If they did an amendment, they would end up responsible for every single word that is in the original trust, and for every single provision that should have been in the original trust and wasn't. ... Read More