Trust Attorney Career Guide and Counseling

Question: How do I find out who the trust attorney is for my uncles estate? I have searched the obituaries and find nothing. Family members aren't being helpful. There's money for my kids to go to college, and no one has contacted me. LONG story.

Answer: Go to the probate court in the town in which your Uncle lived. They will have a record of the Attorney.

Question: Can anyone set up a Living Trust on their own, or are they required to pay an attorney? I've done some research, and all the websites I've been to say that it usually costs a couple thousond dollars to set up a living trust with an attorney. But couldn't someone just set up the trust on their own, and have the state verify the document?

Answer: The point of a trust is that the "state" has little to do with it, and it certainly won't "verify" the validity untill you get sued. Not a time to DIY.

Question: how to work out a trust without an attorney? my dad recently passed away, we have a trust, except for a few probatable items. for the most part, do we need an attorney for a trust that is straightforward and to the point? can't the trustee or executor handle it, disberse funds and pay all bills? why would you need an attorney for a trust, when the trust has an executor? we are new to this sort of thing, and need to do all we can do so to keep the costs down.

Answer: If all the details are set forth in the trust and the family is agreeable and not contesting any of the agreements, there should be no reason to pay an attorney to due exactly what the executor is responsible for doing. Sorry for your loss.

Question: Beneficiary Deduction for Trust Attorney Fee on K-1 ? Living Trust was set up a month before trustees death. Filing 1041 (dividend) income $5000 , charitable deduction $2000 attorney fee $7000. Net $ (4000). Can I (Sucessor Trustee) distribute the "loss" to beneficiary? How? Thanks!

Answer: Wow, the will said to give money to charity? That's nice. (If it's not mentioned in the trust document, you can't do it.) If this is the LAST year of the trust, you can pass the excess loss through on the K-1 using line 11, code A. It then becomes a pretty worthless deduction for the beneficiary.

Question: Can a grantee of a Power of Attorney create a trust for the Grantor and transfer her property to it? Can I as the holder of my 94 yo mother's durable power of attorney create a trust and transfer her property to it with myself as trustee for the intended beneficiaries of her will which of late cannot be located, and She is not considered competent to make make a new one?

Answer: It will be important to consult an attorney about that. Laws vary. Where do you live? Don't trust any answer you may get on YA.

Question: Who would trust an attorney that advertises on TV? To me, it borders on unethical and is equal to ambulance chasing. These attorneys seem desperate for cases, and the commercials just get trashier every day.

Answer: Probably not. But if he could get me a good settlement I might use him. How do you find a good attorney when you need one? I am not joking. UPDATE: The Attorneys that advertise on TV are usually "contingency" attorneys. They only get paid if they recover money for you. They typically keep 1/3 to 1/2 of what is collected. They want good cases with high damages. It is pointless for them to bring "frivolous" lawsuits because they will lose the court costs and not make a penny. I worked as a Paralegal for many different kinds of attorneys for a number of years. If anybody has a reason to hate attorneys it's me. But having worked in the legal system, the contingency attorney is the only person whose going to try and help you when you get hurt. Or are you going to hire a top drawer law firm at $250 to $700 dollars per hour? Attorneys are like sharks, they serve a necessary role in the legal "ecosystem."

Question: How do you find a great attorney in Costa Rica that you can trust? I have heard there are some attorneys that you cannot trust in Costa Rica, Being american i will be needing a good one. Being an american and not yet learned much spanish I need some referrals. Any help out there! My father inlaw is sick and lives in escazul and I will need to come back during this time. My son wil be in charge of finalizing things there. and we will be keeping his apt. as long as we can.

Answer: There is an old joke/question when it comes to attorneys, how do you get an attorney out of the tree? Answer: Cut the rope. Attorneys in CR are nowhere different then in the US; it just takes time to find one you can trust and one that is reasonable in fees. One of the top contributors here is Attorney Kearney, (http://attorneykearney.com) who I/m sure can help you. My main accounts in CR use the firm of Petersen & Philps (http://www.plawcr.com/index.html) and are headed by bilingual attorney's who were educated and trained in North America and who live and work in Costa Rica and specialize in real estate, estate planning and wills along other things. At Tico Times Directory we have a list of attorneys that have been refereed to us that specialize in many forms of law. http://www.ticotimes.com/costa-rica-busi… If you do find one that you feel good with, ask for referrals and you can also do a credit check on the firm. Credit information can usually be obtained through banks, or through commercial reporting agencies, such as DUN AND BRADSTREET, INC. I hope the above helps

Question: Who pays the Attorney's fees related to settling an estate when there is a Recocable Living Trust involved? Would the Attorney's fees be paid by the new trust for the benefit of the Surviving Spouse? The trust of the Deceased? -OR- Out of the surviving spouses's personal pocket?" Would the Attorney's fees be paid by the new trust for the benefit of the Surviving Spouse? The trust of the Deceased? -OR- Out of the surviving spouses's personal pocket?" -How could the money come out of the estate before the new trusts were created? The costs were incurred during the closing of the old trust and the creation of the new trusts. The bill rolled in a month later.

Answer: Attorney's fees for ANY estate are usually paid by the ESTATE. They would come out BEFORE the trust is created. In most cases, they take priority over any debts owed by the estate.

Question: Do I need power of attorney with a living trust? Do I need power of attorney with a living trust? Thanks Question is. If you have a living trust, who is there to handle the affairs once you pass and how do you assign it? Thanks

Answer: One has nothing to do with the other. What are you trying to accomplish? Edit. A living trust does not appoint a trustee.

Question: What degree do I have to hold to become a Trust Attorney?

Answer: Anyone with a JD can practice any type of law. However, as a practical matter, someone in the trust business should also have an accounting degree. It is not required by any law, but it may be required in order to attract clients.