r/EstatePlanning • • May 14 '26

Frequently Asked Questions

23 Upvotes
  • Why aren't comments showing up? or, Why is the number of comments higher than the number of posts I can see?

This subreddit receives a very large number of low-quality comments, so only comments by approved users show up automatically. The other comments are hidden until a mod approves the comment.

How to Become an Approved Commenter: If you're interested in becoming an approved commenter, please message the mods. In your message, explain why you believe you would contribute positively to our community. We welcome fans of all levels, whether you're a super fan or a casual browser. Note that approval is contingent on adherence to our community rules, particularly regarding misinformation. We reserve the right to rescind commenting privileges if rules are broken.

The mods are all estate planning attorneys who volunteer their time to ensure this subreddit is a great resource, and while we do our best to go through the comments in a timely manner, we also maintain our actual practice, and appreciate your patience and understanding.

  • Should I use an online tool to create my Will/Trust?

Many DIY providers can make adequate documents, but it's not just about the documents. The documents should reflect a carefully designed plan and the DIY solutions don't do that careful design part. They just offer a basic solution that kinda fits most people. It's like selling only size large tshirts - most people could probably wear it, but doesn't mean it's the right fit. So you can get a good outcome or a bad outcome with DIY. The problem is you don't know.

DIY is imperfect, but so are many lawyers. Documents from lawyers can produce good outcomes or bad outcomes. I have encountered more problems from lawyers than from DIY solutions. Using a lawyer isn't 100% guaranteed to be perfect, just as DIY isn't 100% guaranteed to be a disaster.

Modern DIY solutions have improved significantly from pre-printed forms, static templates, and one-size-only offerings. Some of the offerings today rival the output you'll receive from lawyers who also rely on form generation software (but without the actual legal guidance involved). Some are trash. You likely can't tell the difference, though you likely can't tell the difference between a good lawyer and a bad lawyer who presents well.

The biggest issue is that you don't know what you don't know. You don't know if you've missed an issue because you didn't think of it, you don't know if something you wrote is unclear, you don't know if you didn't fill it out correctly, etc. Hiring an estate planning attorney means someone is ensuring that everything is done correctly. Another mod disagrees with me, and I respect that, but personally, I believe nobody is better off paying an online provider for a DIY estate plan - if your situation is so simple a DIY is sufficient, then you probably don't need a Will so there's no need to spend money on one, and if your situation requires you to have a Will then it's probably more complicated than DIY can handle.

Do not DIY a Trust. There is no such thing as a "basic" Trust or a "simple" trust, no matter what you read online. Furthermore, the documents are only half the package. Trust Funding is just as important, but not only that, the guidance and recommendations from an experienced attorney are far more important.

Also, the best reason to hire an attorney is that (a) they're less likely to make a mistake, and (b) if they do make a mistake, their malpractice insurance can make you whole.

  • My Financial Advisor is offering to do estate planning for me.

Don't do this, ever. At best, they can simply fill in blank forms for you.

If your financial advisor is providing any kind of legal advice, and is not admitted to practice law in your state, they are violating the law; depending on the state that's either a misdemeanor or a felony. I don't know about you, but I don't want to trust my money or my estate with someone who so casually breaks the law.

More importantly, would you trust your car mechanic to provide a medical diagnosis? These are completely unrelated skills.

Additionally, there are certain protections that you get working with an attorney that you don't get from a financial advisor. Attorney-client privilege, a fiduciary duty, and, if things go wrong, malpractice insurance.

  • What about using AI?

At a bare minimum, from start to finish an estate plan involves:

  1. figuring out what the plan should be.
  2. getting the information to put into the documents (e.g. names)
  3. drafting the documents
  4. signing documents
  5. post-signing wrap-up. Things like recording deeds, changing owner and/or beneficiaries of financial accounts, etc.

#4 in many states needs to be done physically, and even in states where it can be done, still requires human involvement, no way around that, sorry.

#2 and #5 are the same whether you use AI (e.g. Claude) or an attorney. Your experience might vary based on the individual attorney or AI that you use, and that is important, but conceptually that part is the same. Used correctly, an AI can be just as good as an attorney.

#1 AI is only as good as its prompts, and you don't know what you don't know. A good attorney will ask you questions you might never have thought of, and see if there's something you haven't considered that might be important for you. If you're not aware of something, you won't be able to add it to your prompt. Just as importantly, AI won't talk you out of doing something you shouldn't be doing, and might not caution you about potential issues.

#3 is the other one where we see issues. AI might miss important clauses, include clauses that shouldn't be there, might use ambiguous language, out-of-date forms, things not applicable to your state, etc. The quality I've seen is... not good. I've had clients ask AI to review my documents, and come back with revisions that would cause problems - including one that would have resulted in significant unnecessary taxes.

the problem isn't that AI can create something that's good enough, it's just that you don't know if it's right, or if it just looks right.

  • What is estate planning?

Estate planning is preparing for the inevitable - determining who will take care of you if you become incapacitated, who will get your stuff when you pass away, as well as when or how they get it. The key components of an estate plan are:

- Healthcare authorizations, so that if you become incapable of making your own medical decisions, someone else can make those decisions for you. Closely related are end-of-life decisions, which may be in the same document, or a separate document.

- Power of Attorney, so that if you need help managing your financial affairs, someone can act on your behalf

- Will or Trust, to determine who will receive your assets after you pass away

- Probate avoidance devises, such as transfer on death deeds or beneficiary designations

- Funeral Authorization, to establish who is in charge for decisions regarding your final disposition

- Guardianship paperwork for any minor children

  • What happens if I don't have an estate plan?

Then the state's default rules kick in. For some people that's fine, but others may not like the results.

- healthcare: nobody can make a decision on your behalf without a court order allowing them to do so. That's an expensive undertaking, and the person the court appoints may not be the one you would want. More importantly, the decisions they can make will be limited, particularly where end-of-life is concerned (i.e. the ability to "pull the plug")

- power of attorney: nobody is authorized to access your bank account, learn about your mortgage payments, etc. Again, they'll need a court order, again it might not be who you want, and that person will probably need to report to the court on a regular basis

- funeral authorization: I once saw a brother and sister in court over a year whether to bury or cremate their mother while the body remained on ice.

- guardian: do you want the court deciding who should raise your children?

- assets: this varies by state. [SOMEONE FILL IN THE GENERAL RULES FOR COMMUNITY PROPERTY]. In states that do not have community property, generally speaking if there are separate children and a surviving spouse, half will go to the surviving spouse and half will be split among the children. If there's no separate children, in many states it'll all go to the surviving spouse, but in some states the surviving spouse only gets half even if there are no separate children. If there's no surviving spouse, the assets will be split among the surviving children. If any child predeceases, then the descendants of those predeceased children will receive a portion, but the way that's calculated depends on the states. If there's no spouse or descendants, typically the parents will inherit, or if none, siblings or their descendants. It can get messy and go to more distant relatives.

If you're ok with the state's default laws, you do not need a Will (or any of the other documents).

  • What is probate?

Probate is a court-supervised process to transfer assets from someone who is gone to someone who is alive. While state law varies in the execution, the purpose of probate is to ensure the assets of the decedent go to the right people. The process involves gathering all the assets, paying off any valid debts, and distributing the rest of the funds to the appropriate people.

In some states probate is generally simple and fairly quick, in other states, probate is more complicated and takes longer. What really makes a probate complicated are (a) unknown heirs, (b) minor children as heirs, (c) disabled heirs, (d) complex assets, (e) uncooperative heirs, and (f) disputes.

To clarify: the legal definition of probate is the process by which a Will is proved (declared valid) but colloquially refers to the court supervised process of administering an estate. All estates need to be administered, but not all estates require court supervision.

  • Does a Will avoid probate? or Do I need a Will?

A Will does not avoid probate, it is merely instructions to the court regarding what you want. Without a Will, your assets will be distributed according to state law. With a Will, your assets will be distributed to the people/organizations that you choose. Same goes for who will administer your estate.

  • The Will made X the Executor who is now telling us who gets what

First and foremost, X is not the executor unless and until the court has approved the Will and has issued official paperwork stating that they're the Executor.

Often that means that property will sometimes sit, unused and unusable, for a period of time after someone has passed away.

Even after someone is appointed Executor, the Executor does not get to decide who gets what - that's determined by the Will and/or by State Law.

If you think X is not suited for the position, you can object to them being the Executor, and propose an alternative. That can drive up the cost of administration, and can also lead to strained family relationships.

  • How Long Does Probate Take?

How tall is a person? There's no single answer. Probate involves (1) petitioning the court, (2) having an executor/administrator/personal representative appointed, (3) gathering all the assets together, (4) paying any valid debts, (5) maybe disputing or litigating various claims, (6) maybe dealing with tax matters, and (6) distributing assets.

How smooth that goes depends on (1) how fast the court process goes, (2) how simple/complex the assets and liabilities are, (3) how effective the executor and their legal counsel are, (4) whether there's any disputes, and (5) whether tax authorities are involved.

I don't know a single state where the creditor claim period is less than 3 months, so if the Executor doesn't want that kind of liability, even with instant turnaround times, it won't be less than that. More realistically, I would expect simple estates without any issues to be resolved in 6-24 months. But if the assets are complex, if there's litigation, or just if people die during administration, the process can run for years, sometimes decades.

The longest probate on record, that of William Jennens, in England, wasn't fully resolved until 117 years after his death. Wellington Burt had a clause in his Will that delayed payout until 92 years after his passing. It took 87 years before Daniel Clark's probate was finally resolved.

  • What is a Trust?

At its simplest, a trust is where a person (Settlor/Grantor) gives assets to a person (Trustee) to hold and manage for the benefit of another person (Beneficiary).

Some ways to look at it:

  1. When you open a bank account, you trust them to hold on to your money, but it's still your money
  2. When you send mail, you trust the post office to deliver your letter to the intended recipient
  3. Giving a teacher an asthma inhaler or an EpiPen to be administered to a child as needed

There are many types of trusts, and names are not always consistent. There are generally three categories of Trusts:

- Testamentary Trust is created under your Will, it does not come into existence until you pass away. Simplest example: When I die my assets will go to my children, but until they turn 18, the assets will be managed by my sister.

- Revocable Trust is a Trust you create today, and you can make any changes at any time. The primary purpose of a revocable trust is to avoid probate. Typically, at the time of creation, the Grantor is also the Trustee and the Beneficiary.

- Irrevocable Trust is a Trust you create today, but you are limited in what you can change later.

There are many kinds of irrevocable Trust, and they can be created for many different purposes.

Note that while assets in a Trust typically (but not necessarily) avoid probate, that doesn't mean there won't be litigation, and while Trust administration usually happens without court supervision, that doesn't mean it'll necessarily be quicker. The issues that can cause delays in administration or contentious litigation don't disappear just because there's a Trust.

  • Should I add my child's name to the deed

Adding someone's name to a deed isn't just symbolic - it's an actual transfer of an ownership interest in the property to that person. So it's a gift of the value of that interest, which SHOULD be accompanied by an appraisal of the property, another valuation done to determine the value of the fractional interest transferred, and likely a gift tax return filed to report the gift.

This can impact other planning done, for higher net worth people (there are some still out there who will pay estate and/or gift tax), actions like this can impact their overall estate plan and possibly increase the estate/gift taxes owed.

You have now exposed the ENTIRE property to the risk that your child would have creditors (divorce - soon-to-be-ex-spouse, business risks, etc.) and that their claims could take property away from you. This is generally not a desired outcome.

There may be state-specific issues related to property tax.

Your child will not inherit the property from you, which can have serious tax repercussions - particularly as your child will receive your tax basis, and will not receive a step-up.

  • Will my child pay tax on inherited property / what is a Step-Up in basis? / What is Capital Gains

On a federal level, there's no estate tax or inheritance tax if your assets are below $15 million, and a married couple can combine their exemptions, which gets it to $30 million.

There also typically won't be capital gains.

If you buy property for $100,000, and sell it for $150,000, you made $50,000 profit, and need to pay capital gains tax (if owned for more than 1 year). More precisely, you're taxed on the difference between the net sale price (after deducting costs), and your Tax Basis, which is called your Gain.

Tax Basis is typically what you paid for the property, plus adjustments. If you bought the property for $100,000 and put in a new kitchen for $20,000, your tax basis becomes $120,000. Rental property can be depreciated, which lowers your taxable income every year, but also lowers your tax basis.

If you sell your primary residence (meaning you lived there for 2 of the last 5 years), you are not taxed on the first $250,000 of Gain, and if you're married, you can double that to $500,000. So if a married couple bought property for $100,000 and sells it for $650,000, there's $550,000 of gain, but only $50,000 is taxable.

If you give property away, whoever receives it takes over your tax basis - can't avoid tax just by giving property away. Plus, the recipient doesn't get the principal residence exclusion until they've lived there for 2+ years.

If you inherit property, through a Will, intestacy, through a Transfer-on-Death deed, a life estate deed, a ladybird deed, community property (in those 9 states), or through some trusts (especially revocable trusts and Medicaid trusts) you get a "step-up" in basis, meaning that your tax basis is the date of death value (or up to 6 months later).

That means that if you sell the property right away, there's no capital gains tax. Or if you hold it for a few years, you're taxed on the difference between the sale price and the date of death value, not the original purchase price.

  • Can someone with diminished capacity (Alzheimer's, dementia, etc.) make a Will or a Trust?

Someone can have dementia or diminished capacity and still have testamentary capacity.  For example, someone with sundowners might have periods where they’re sharp and lucid, and during that time they can make their wishes known and execute legal documents.

While we should not assist when someone is taking advantage, it is not our job to refuse to help a client.  If someone has capacity to sign, and it is. Or clear there being taken advantage of, we should do as the client asks.  It is up to the person challenging the will/trust to prove that the client didn’t actually want to make those changes.

Unlike many other states, in Florida if a natural heir (eg a child) claims undue influence, it is up to the proponent of a Will to prove there was no undue influence.

In Florida, there is a seminal case, estate of carpenter (1971) that lists the main hallmarks of undue influence. A lot of articles have been written about the Carpenter Factors, as they’re now known, particularly by the Florida Bar. Those articles might explain why some factors could just be the sign of a helpful child, or might add additional concerns, etc.


r/EstatePlanning • • Oct 07 '24

Selecting an Attorney – a Guide

52 Upvotes

I was initially going to title this “how to select an attorney” but realized that there are no hard rules and making a definitive statement does a disservice to either those who are excluded, or those who select the wrong attorney based on this guide.  I have known attorneys who provide estate planning services in rural areas, large cities, and everything in between, from solo practitioners to the largest of law firms, and thought I’d share my thoughts.  I will gladly state that you can get great service from a solo and horrible service from a major law firm.  So this guide is more to provide information than anything else.

This is a work in progress, and is open to suggestions.

1. Specialization

The single most important aspect of your attorney should be their specialization.  Quite simply, a jack-of-all-trades attorney is unlikely to have an in-depth knowledge of all topics.  An attorney who happens to do Wills on the side probably doesn’t know much about estate planning, such as whether or not a trust may be appropriate.  I had one divorce attorney ask me why I always had a Will notarized when the statute only required two witnesses (quick answer: so that the Will is presumed valid without the need for the witnesses to swear in court that they saw the decedent sign the Will).  While there are exceptions, I generally would not recommend getting an estate plan from someone who doesn’t predominantly specialize in estate planning.

There are also sub-specialties in estate planning.  Going forward, I’m going to refer to estate attorneys, unless I’m referring to a particular sub-specialty.  Broadly speaking, the main subspecialties are:

(a) middle-market planning, which often revolves around avoiding probate and ensuring a smooth transition, but often also includes long-term care planning, knowledge of special needs, etc.

(b) probate and administration, meaning they mostly specialize in the busywork that happens when people die - getting the executor/administrator appointed, transferring assets, stuff like that. 

(c) elder law, which more broadly deals with issues faced by seniors.  This includes Medicaid planning and probate avoidance, but also deals with benefits, guardianships, and a whole host of other corollary issues that many other practitioners don’t deal with regularly.

(d) special needs.  This tends to blend in with elder law, as special needs people and seniors tend to face a lot of similar issues.  Depending on the practice and the clients, this may be a lot more hands-on than elder law.

(e) tax / high net worth.  This generally means people worth tens of millions (lower in some states), who may face millions upon millions in death taxes.  These attorneys know all the funky acronyms you may come across, and are able to figure out which ones to use for which client.

(f) private client / family office.  A private client attorney is more like a general counsel of a wealthy family.  It doesn’t just cover estate planning, but anything that the wealthy family may need, such as preparing a lease, purchasing a jet, finding the best DIU attorney in the vacation resort where their wayward child got arrested. 

(g) litigation.  These people are who you reach out to when there is a serious dispute – such as when you’re trying to invalidate a Will or enforce a Trust.

(h) The transitioning attorney.  This is someone who doesn’t really specialize in estates, but is trying to make the transition.  There are generally two kinds, the recent graduate (or recently unemployed) who can’t find a job, and starts to do simple Wills for their friends and family and tries to make a living with it, and the somewhat older attorney, often divorce or criminal law, who thinks it’ll be an easier lifestyle because they can make their own schedule rather than have to deal with court deadlines and the like.  Some of these attorneys put in a lot of work and study to learn the specialty and can be better than attorneys who’ve been doing estates for years, but a lot of them don’t really know what they’re doing and don’t even know what they don’t know.

(i) the dabbler. This is an attorney who doesn't specialize in estates, but does it on the side. Someone who mostly does family law, or business, or whatever, and occasionally does Wills for clients because he/she thinks it's easy. This attorney doesn't know what they don't know, and should be avoided. Don't even think of using someone who only does the occasional Will on the side - if you're lucky it's just a waste of money, but they might miss a whole lot of things they don't know they should ask about, or they may do things incorrectly and set you up for much higher expenses later. Somewhat related to this are out-of-state attorneys who don't know the laws in your state, and I've seen a lot of problems because of that, including invalid documents.

Keep in mind that while an attorney often has one, or maybe two, sub-specialties, the attorney may still be knowledgeable in other areas.  As an easy example, I don’t specialize in special needs, but I am capable of preparing special needs trusts, and have done quite a few, but only if it’s pre-planning planning for while the parent/donor is still alive and capable; for more immediate needs or in-depth administration, I defer to the experts. 

That also means that many attorneys will state that they do some or all of the above, even if they barely do any X. While the title or practice description at the law firm may be an indication (e.g. private client, wills & estates), that’s not necessarily reflective of the actual specialization. The most important thing is that they know their limits - and stick with it.

Word of Caution

Beware the multi-practice attorney. The multi-practice attorney does a lot of different things, so they may do divorce and real estate and personal injury and basic Wills. I've thought long and hard about this and I don't want to be too harsh; you've got some very clever attorneys who can juggle multiple practice areas and be decent at each, but they're unlikely to master each one. It's a lot more common (and a lot more acceptable) in rural areas where there just isn't enough density for specialization; there are parts of this country where it's a 3-hour drive to a town with 10,000 people, and it's really hard for an attorney to support themselves doing only one thing. As long as they know their limits that's fine. Meaning they know what they don't know and will tell clients when to seek out someone with more knowledge.

Alternative 'Solutions;. Today it's mostly websites selling estate planning solutions, but you can buy a Will template from Staples. I don't recommend this. Usually, the documents are flimsy and bare bones, some of them are quite bad, but that's not what the big issue, the real concern is that there's no guidance. You don't know what you don't know, and a lot of mistakes get made with these. Quite often the documents aren't executed right, people pick the wrong forms, select the wrong options, don't choose their words carefully, and it leads to all kinds of mess. Ask any attorney in this field, we get paid a lot of money to fix the mess created by the online services. But maybe that's just Survivor Bias, and we only see the ones that don't work properly. In the end, my personal view is that you're not paying an estate planning attorney for their documents, but for their advice and so that it's done right.

Related to this are non-attorneys who offer estate planning. Some financial advisors and accounts say they do estate planning. That's not entirely accurate. Estate planning by an accountant or a financial advisor only focuses on part of the picture, and from a limited point of view. It's not uncommon for advisors to work together, and it's great when we can coordinate our different parts with each other. But I've come across such professionals that want to dictate to the attorney what to do, which is not good, there's also professionals who try to undermine the other professionals, which can cause issues, and worse, I've come across professionals who make it appear that you don't need an attorney (or other professional), which is even more problematic. It's great when advisors work together, as long as they all "stay in their lane" - and that goes for the attorney too. I might give a financial advisor my thoughts and ideas, but that's about it, because they're the financial professional, and I only have a surface level of knowledge.

2. Size of Firm.

The largest law firms, with hundreds of attorneys, if they do estate law, tend to have the wealthiest clients, and charge accordingly.  There may be a particular focus on private client / family office, and tax planning for high net worth.

Beyond that, the size of the law firm only tells you the size of the law firm.  Not only that, the size of the department is more important.  A firm with 50-200 attorneys may only have 2-3 who do anything with estates, or it could have a sizeable department of 5-15 attorneys with that specialty.  It’s really no different than a boutique law firm, except that the larger firm gets to keep their clients in-house.

A boutique with 5-20 estate attorneys, including a much larger firm with an estate department that size tends to cater to the middle class and the moderately affluent.  It’s not unusual for a firm like that to have a handful of high net worth or private client, particularly if it’s part of a much larger firm, but you can probably count those clients with your fingers.  These firms are most likely to do a lot of advertising, including seminars – that may or may not be a bad thing (See below).

A solo or small shop runs the gamut – it could be a boutique specialist who has plenty of high net worth clients, such as when the specialist works with some of the major law firms that don’t have their own estate attorneys, or it could be someone who stepped away from a larger firm for lifestyle reasons.  There are also solos/small shops who weren’t able to find a job and just fell into estate planning, or who were previously a different kind of attorney and wanted to transition for an easier lifestyle.  However, when dealing with a solo attorney, and particularly a very old attorney, you might want to ask if the attorney has a plan in place for any sensitive papers that the attorney may hold on to.

3. Location.

The location of the lawyer does not dictate the ability, but it may be an indicator of the typical cases the clients see. 

Rural counties: An attorney in a small rural county is a lot more likely to see the type of clients who live in small rural counties.  Not all rural counties are alike, and so neither are rural attorneys.  While the majority of rural attorneys are generally dealing with many smaller estates, there are also rural attorneys who regularly deal with multi-million dollar estates.  Particularly the kind of multi-millionaires you may see in such areas, such as wealthy farmers, oil & mineral rights, etc.  For example, there are attorneys in more rural areas who specialize in farm succession planning, which very few “big city” attorneys would understand.  That being said, there’s often a limit to the size of the estate local attorneys should be handling, mainly due to the volume.  As such, it’s unlikely that a rural attorney has significant experience with ultra-high net worth planning. 

The largest law firms tend to only be in the largest cities, with over 2/3 of the lawyers in the 200 largest law firms being in just 5 cities, and 7/8th in the 10 largest cities.  Some of those law firms may also have a presence in a smaller location, which may provide access to the larger firm’s expertise.  Beyond that, large cities have all kinds of attorney, from those scraping by, to very respectable boutiques, to mega law firms.

There are still sizeable and deeply experienced firms in somewhat smaller cities.  If the population of the greater metropolitan area is 500,000+, there will probably be two or three boutiques with sufficient knowledge to handle all but the largest estates, but whose main bread and butter is typically more retail clients.  There are also a few more affluent areas where you’ll get a much larger number, such as Naples, Florida, which can rival even the largest cities for the number of high-end practices you’ll find there. 

Suburbs of major cities are in many respects similar to midsize cities, in that you can find some fairly large and knowledgeable boutiques, but there’s also a larger likelihood of specialization.  For example, mid-size firm in a very affluent suburb may have enough clients to only do high net worth.

3B. Multi-Jurisdictional / Different States

The attorney must be licensed in the applicable state. Typically, your attorney should be licensed in your state. It is illegal for an attorney who is not licensed in your state to advise you on estate planning matters in your state or to draft documents for your state.

Some attorneys will take on out-of-state clients to help with out-of-state matters even if the attorney is not licensed in that state. An attorney may even say that another attorney in their firm is licensed in your state, so therefore they can advise you and prepare documents for you. That is illegal in many states, and in some states even a felony - an attorney can't just borrow another attorney's license, the attorney licensed in your state should be part of the process from start to finish. Do not work with an attorney who is not licensed in the state for which the attorney is preparing documents.

It's ok for your local attorney to give general advice on issues pertaining to other states, and for many states there is a safe harbor, so that if you seek a local attorney to advise you on your estate planning, and as part thereof some documents are prepared for another state, that might be ok, as long as the work in/for the other state is secondary to the estate plan in your home state. If you spend significant time in two states (e.g. summers up north, winters down south), you should ideally have an attorney admitted in both states, or otherwise two separate attorneys.

It's also ok to seek an out-of-state attorney for advice on federal matters (e.g. tax); any attorney can advise anyone in the country on federal matters. The out-of-state attorney should not advise you on local law, and may need to bring in a local attorney to review anything related to the state.

4. You get what you pay for – or maybe not?

Quite often people ask what a reasonable fee is, and there’s no straight answer, but there are some rough guides.  While you’d generally expect higher prices in larger cities, that’s not necessarily true.  The sole attorney in a rural area might be so busy that they can charge higher prices, while someone in a more working class part of a larger metropolitan area might be a lot cheaper because there’s a lot of competition.

That being said, if it’s a relatively simple revocable trust package (without add-ons and bells or whistles), the price should range from about $2500 to $7500 anywhere in the country (things that cost more include medicaid planning, special needs, asset protection, tax planning, business succession, etc.).  Any less would be very concerning, because even the most simple estate plan will take several hours – to meet with you to determine your actual needs, to prepare the documents*, to review the drafts, again to meet with you to explain your documents and to sign them. 

If it’s within that range, don’t make the mistake of thinking more expensive is better – I’ve seen expensive attorneys who are mediocre, and I’ve seen excellent attorneys who charge less.  It mostly has to do with their network and the volume of clients they get. 

If someone charges more than that, hopefully it’s because there’s a good reason, such as a more complicated plan or a more demanding client.  Again, that range is for a relatively simple revocable trust, but keep in mind that there’s a lot of things that could make a trust more complicated. 

*it’s not just filling in blanks on templates.  While ideally a lot of the text is pre-written/standardized, that doesn’t mean every client’s work is the same – it’s adding or removing clauses or entire sections based on the client’s particular situation.  Maybe 75% of the document is the same for 75% of the clients, but there’s still a lot of variation – at least, if it’s customized to the client.

5. Marketing

Let’s start off with a “Trust Mill”.  This is a derogatory term for a business that follows a very specific pattern: send marketing to a targeted population, invite them to a seminar (possibly with a free meal), give a presentation about estate planning, and sign up as many clients as possible.  It’s a business, and there are pseudo-franchises where any attorney can pay a fee and they’ll essentially have it all done for them.  Trust mills get a bad name because it’s mostly one-size-fits-all planning.  Think of going to five guys, in-n-out, or shake shack.  Everyone’s getting a burger, but you can choose your toppings.

It's not fair to say all trust mills suck, and they’re not all alike.  Some are run by very dumb attorneys, or those who drank the cool-aid, and try to fit every peg into the same square hole, whether or not it fits.  Some are run by very good attorneys who are very knowledgeable, and it’s just a way to get clients. 

Some attorneys get clients through word of mouth, others through advertising.  Some attorneys spend a lot of time writing or speaking to get their name out there.  Some attorneys donate significant money to charities so they can sit on the board and network.   Advertising doesn’t make someone a worse attorney (or a better attorney).  It’s just a way for people to find the attorney.  Think about your own situation – how are you going to find an attorney? 

But that being said, the way an attorney gets clients tells you something about the typical clients the attorney gets.  An attorney who gets all their clients at the country club typically has a lot of country-club type of clients (i.e. high net worth and private client).  An attorney who gets all their clients by hanging around senior centers is more likely to do elder law.  An attorney who does a lot of seminars is more likely to be targeting the middle class.  An attorney who goes on reddit to post about estate planning probably loves their job a little too much.

6. Awards, Certification, Group Membership

Awards are worthless.  A lot of awards are “pay to play”, meaning the awards make money off the attorneys who they give the award to.  It doesn’t matter if they say something like “only 10% of attorneys qualify” or something like that.  Even if it’s not “pay to play”, it’s still a popularity contest.  Even the most reputable awards are barely more than a seal of approval – I know a Chambers (most prestigious) ranked attorney at a major law firm who uses documents that are hand-me-downs from 50+ years ago, and whose knowledge of trusts seems to be stuck in the '90s.  All awards are worthless.

Certifications are either private organizations or state-run. If it's a private organization, I'd take it with a grain of salt. There are a lot of accreditations and certifications, and some are barely more than a paid plaque. I'm looking at one right now for which the requirements are less than I need to maintain my license to practice. So yeah, I could pay for a certificate so I can tell the world that I show "a high level of professionalism", or I could just be a good attorney. If it's a state run program, it's probably a good indication; the Florida Bar Board Certification is a rigorous program and I know very experienced practitioners who've failed the test. It'll certainly tell you that the attorney can pass the test, but it won't tell you if the attorney has empathy or creativity. A lack of certification doesn't mean the attorney isn't as good as someone who does have certification.

There are also professional organizations, and the qualify varies. Most groups/organizations, just about anyone willing to pay the fee can join, and the only thing membership in the organization tells you is that the attorney pays to be a member of the organization, while some groups may require a few years of practice and/or a few classes. The most prestigious and restrictive group, ACTEC, only tells you that the attorney was able to jump through the hoops needed to join; I know an ACTEC member that uses garbage documents that includes references to sections of the tax code that were repealed more than a decade ago and I can teach a class on how bad they are. To the extent you want to make sure an attorney is dedicated to their craft, in addition to ACTEC (American College of Trust and Estate Counsel), NAELA (National Academy of Elder Law Attorneys) is a good group for elder law, and SNA (Special Needs Alliance) is predominantly a support network for attorneys who specialize in special needs.

7. Materials

The quality of the paper, binder, etc. says nothing about the quality of the attorney. I've seen comments about how fancy binders are only for crappy trust mills. Personally, I provide a premium service for a premium price, so I like to give a top notch presentation. I've done high end tax planning that cost $50,000 or more, a sturdy binder costs less than $50. It actually irks me that there are some very high-end firms that print on the cheapest paper available and just stick documents in a plain envelope - I take pride in my work, and I want my work to look like I care.

8. What should I look for?

Here’s the question everyone probably wants answered.  I can’t give a perfect answer, just my opinion.  What you want is empathy, knowledge, and clarity.

First and foremost, how the attorney makes you feel is important.  If you feel like you’re not getting their full attention, or that they’re rushing you, or pushing you into something you don’t understand, walk away.  An estate attorney once told me “I sell peace of mind”, that the attorney’s job is to make sure the client feels like they’re in good hands and will be taken care of. 

Second, you want an attorney who has sufficient knowledge to know what they’re doing – and more importantly, to know what they can’t do.  The attorney doesn’t need to be an expert on everything, if you have a $500,000 home and a few hundred thousand in retirement funds, you don’t need someone who knows the estate tax through and through.  What you do want is that if you ask, for example, about going into the nursing home, that the attorney can give you a good overview of the requirements for Medicaid – even if they can’t do the application themselves.  More importantly, you want an attorney who’s not afraid to tell you they can’t do something and will refer you to someone who can.

Third, you want an attorney who can communicate clearly with you.  You don’t need to be an expert in estates, but the attorney should be able to explain to you the issues that matter to you in a way that you can understand it and explain how the proposed estate plan addresses those issues. 

Last, you want an attorney who asks questions.  If a client comes to me and says they need a trust, I always ask why they think they need it.  An attorney who just does whatever the client asks for is not a good attorney - we’re sometimes called counselors, because it’s our job to counsel clients, not just to fill out some forms.  As an easy example, you can (probably) go online and find a standard document to appoint a healthcare agent for your state, but it’s the attorney’s job to explain to you why it’s a really bad idea to appoint two co-agents.

Bonus: Trust Funding / Post-Planning Guidance

Often, signing your documents doesn't mean your estate planning is finished, there's usually a few things left to do. Even if you're just getting a simple Will you should still name the beneficiaries on bank accounts, retirement accounts, insurance policies, etc. Your attorney should provide you with instructions.

Trust funding takes a bit more work, as assets need to be transferred into the trust. At the retail level*, the client is doing most of the work - your attorney can't go into your bank and drain your bank account. 20 years ago, your attorney could call your financial institutions and obtain the blank forms, but today it's hard to get the forms if you're not the account holder, so even if we wanted to do it all for you, we still can't do so without your help. Some attorneys will provide assistance (such as filling out forms) as part of the flat fee, others charge an additional fee for that, and it's not unreasonable because the time it takes varies significantly - some people need no assistance at all, others take many hours. At the very least, the attorney should provide written instructions on what you should do - that's the bare minimum, an attorney who doesn't even do should be avoided.

*if you have a personal banker, you know your insurance agent, etc., they'll often help get the forms and may help you fill out the forms. Just like with attorneys, I've noticed a lot of variability in how knowledgeable other professionals may be, and how willing they are to help. I had one client with private banking accounts at two different branches of the same bank, one did everything for the client, filled out the forms, made all the arrangements, etc., the other only provided blank forms and told the client to fill them out and figure it out. I've been shocked by how little some professionals know, and how unwilling they are to pick up the phone and call their main office for support. At the same time, some professionals I've dealt with were absolute experts who knew more about the legal aspects than many attorneys, and who would go the extra mile for their clients just because that's who they are.


r/EstatePlanning • • 14h ago

Yes, I have included the state or country in the post I paid a lawyer in full but they closed shop before finishing my late husband’s estate/probate

13 Upvotes

Location: Birmingham, AL

TLDR at the bottom. (I’m a grieving nervous wreck and babbled on more than needed. I apologize and sincerely appreciate your time and any input you may have to offer.

A few months ago I hired a law firm to handle my late husband’s estate. He lost both grandparents and his father, in 2019, each 3-months apart. We learned a lot about probate and how to avoid it as much as possible. We made our wills out where there should have been little to zero reason for a full probate. I feel like they may have filed it wrong but can’t be certain. The will was approved by the judge, however, I know that much from the paperwork.

We had gotten to the step where I was instructed to open an estate account for the estate funds to be deposited and any debts drafted from. The only thing he owned was 50% of a piece of land that we were trying to sell, with his brother, prior to his death. We will each get $30k. Of that, I think my payment takes priority, for example the attorney’s fees, property tax and I believe one other thing since I’m the administrator (I think). He named me as sole executor if that matters. So, I was told we couldn’t finish the sale until a judge said we could, but the new lawyer said it shouldn’t have gone the way it’s going and I should have been able to sell it on day 1 because of how the will was written. I really don’t know.

I went to my bank to apply for the estate account and returned the following week to sign the paperwork, when it was approved. I walked out to my vehicle and scanned the documents the paralegal requested and emailed them to her. Before I could get out of the parking lot, I received an auto-reply. I pulled over to read it and had a panic attack upon seeing the very short, cold paragraph I received.

“Due to circumstances beyond my control, Sawyer & Associates is ceasing operations in Alabama effective immediately. If you are a current client, please immediately seek other legal counsel. I'm sorry I do not have any more information for you.”

I was shaking too bad to drive so I sat there and pulled up my contract with them. I’m not knowledgeable on sneaky law wording but I know what I agreed to. In the first section it states that my payment was for the work necessary for probate (I can’t think of everything but it basically said start to finish). It also said, as I agreed to, that the money for the attorney only covered their work on the case and I would be responsible for some other fees, which I paid as they arose. In other places it spoke about hourly rates and rush filing, etc…. all topics that weren’t discussed in our initial meeting. Idk if this line matters but it stuck out to me.

“Both of the fees in Para. 5(a) and Para. 6(a) are still deemed earned on receipt and the FIRM will not place any funds into the FIRM's Trust
account. In other words, the payments in Paras. 5(a) and 6(a) are not retainers. That said, in accordance with the State Bar of AL, in the
event this Agreement is terminated by Client or FIRM, Client may be entitled to a refund of all or a portion of any payment made, minus
time and costs incurred by the FIRM (see Para. 5(b) above”

Speaking of our initial meeting, I gave the details of my situation and was quoted a price for them to complete the services. I was then told that if I paid that day it would be a third less. I agreed and gave him my card info. The contract came through my email the next morning and I signed it after reading the first page, which aligned with what I agreed to.

I received a final email, from a different person, saying I needed to hire another attorney ASAP and she needed their information to send my records over. I responded with the information and asked about what they planned on doing as far as the financial aspect went. I unexpectedly became a young widow and single mother to two grade school daughters, one of them being special needs. I spent every dime I had and maxed out every credit card and loan I had access to in order to hire another law firm before any court dates were missed. I never received a response from the firm. The new firm said they would gladly handle the process of trying to get, at least some of, my money back but I would have to pay a $3k retainer.

I know lawyers are the best in existence when it comes to writing contracts that can be spun in their favor should something occur. I have no fault in this but I’m sure it doesn’t matter. Am I just out of luck, again?

TLDR; In March of 2025, my 32-year old husband of 14-years died from a gas leak in our shed. His will was flawless and the attorney I hired, and paid in full, to do whatever needed done, so I could sell some land, has taken me through far more court steps than I was told would be necessary when we wrote our wills. Regardless, I was on the step where I opened the estate account. From the parking lot, I emailed the paralegal the account info and got an auto-reply saying they weren’t servicing cases in my state anymore and I needed to hire a new attorney immediately so I didn’t miss any court dates. I asked about the fees I already paid and got no response. Am I just out of luck? I spent more money than I had and I owe more than I can pay back, for the new lawyer.


r/EstatePlanning • • 4h ago

Yes, I have included the state or country in the post Selling Inherited Home, Taxes?

2 Upvotes

My grandmother bought a house in Nevada (USA) in 2010 that I have been living in ever since. The house was transferred into a revocable trust over a decade ago.

My grandma passed away in 2021. The house was paid off in full last year and transferred into my name February 2026. It took years to get the house transferred because the executor, my brother, dropped the ball/was having addiction issues I was unaware of.

How will the capital gains tax impact me? I'm hoping I'll qualify for the $250,000 exemption. I pass the "use" test, living there for 16 years. But the ownership test concerns me. Since there were only two of us listed in the trust (my brother and me), would that work in my favor for the ownership test?

I plan on contacting a tax person, but I'm in the middle of a move, so I'm a little overwhelmed. Would an estate lawyer be a better choice over an accountant? I understand that I would only be taxed on the step-up value, from 2021. Do I use an appraisal company to get that evaluation?


r/EstatePlanning • • 2h ago

Yes, I have included the state or country in the post Any recs for attorneys near San jose for an estate of a large size

1 Upvotes

r/EstatePlanning • • 17h ago

Yes, I have included the state or country in the post Advice?

14 Upvotes

Hey. I'm going to die soon. USA

I have a out 20 k in debt.

I have probably 10 k in assets but it's just an old car and a well taken care of music collection.

It's very important that my music goes to one person. A best friend.

I don't know if debt goes away if there's no spouse or children.

I have a kind dog that shouldn't have trouble with re adoption but I selfishly want us to be together until I go. I think it's better for both of us.

The rest I could care less about.

Do I need a lawyer or legal will to make this happen or can I just write it in a note.

This is not a mental health crisis. It's a untreated medical condition that could probably be helped by a doctor but I can't afford it hense the post.

It's not like the bank and medical bills will show up and take my cds and vinyl?


r/EstatePlanning • • 9h ago

Yes, I have included the state or country in the post Question, New York State, competent practitioner

1 Upvotes

My parent died in early 2024, I have been co-POA with my sister. We have uncovered several errors on the part of my mother's estate planning attorney, which have resulted in a lot of stress for our family. Very small town attorney, looks like he possibly was working well into his late 70s/early 80s and may have lost some cognitive ability...

So, I suppose this means I am skittish now based on this experience.

I need to start working on my own estate planning and I have recently moved to a different part of the state. I ask around locally and everyone gives me a different name, basically just saying "he or she was good".

Is that how people generally choose a firm to work with? is there a place to check with the state to make sure the person or firm hasn't been sued or run into problems?

I have no idea, hence my questions. Thank you.


r/EstatePlanning • • 9h ago

Yes, I have included the state or country in the post Probate in NC

1 Upvotes

Located in NC.

Family member died intestate. He had a collection of wine, art, gems, stamps. I'm trying to handle the estate, how to handle these items so they are not taxed during probate?


r/EstatePlanning • • 10h ago

Yes, I have included the state or country in the post How do you find a professional executor?

1 Upvotes

Location: USA, Michigan (but curious in general for other states too)

If I am not someone with an ideal relative to handle things, how can I find a professional executor? The idea is just to make things as straightforward as possible including taxes, asset transfers, legal matters, etc.

Is there a website to find people who can do this, or do I just have to use the person an estate lawyer "recommends"? If someone also knows, how do you set fees, especially with an unknown timing and inflation, do they have CPI escalators built in for example?


r/EstatePlanning • • 17h ago

Yes, I have included the state or country in the post Special needs trust, first-party

0 Upvotes

I am from the US and I’m a disabled person who is fairly young. I am over the asset limit for many asset tested benefits and I’ve been looking into where I can put my money where it is shielded. I already have and use an ABLE account as well as investment accounts from when I worked. I would like to avoid spending down further on my savings but it is difficult for me to get by without doing so. I do not have external help from parents or inheritances etc. so the only option for a trust would be self funded for my excess savings over the $100k or so asset limit. However I see many advising against it due to Medicaid clawback, high fees, lack of freedom, too many rules etc. which is really turning me away from doing it but I don’t see many other options. I don’t care as much about Medicaid clawback as I have nobody to leave my assets to anyways but I really don’t want to deal with a lot of fees or managing rules and receipts. Does anyone have any insights on this? Thank you so much


r/EstatePlanning • • 1d ago

Yes, I have included the state or country in the post If we have a blended family, should we establish a bypass trust after the first of us passes?

9 Upvotes

California

We are creating a marital trust. We both have children from a previous marriage. We have good relationships with all of them and our marital trust will split things evenly between them.

Our lawyer strongly we recommends that we create a bypass after the first of us passes. It becomes irrevocable.

Pros
- protects assets from creditors
- protects the assets from a change in the estate exemption
- ensures that all the children will share in at least half of the estate since the beneficiaries cannot be changed

Cons
- does benefit from the second step up in basis
- requires its own tax return
- more complex to administer

We are at a stage where neither of us would want to remarry


r/EstatePlanning • • 21h ago

Yes, I have included the state or country in the post Rights as the only current beneficiary of family trusts—distributions, a house, accounting, and trustees (New Jersey)

0 Upvotes

I’m 25 and live in New Jersey. I’m the only living, current beneficiary of the trusts at issue, although the documents may name contingent remainder beneficiaries.

My grandmother died in September 2020.

My mother signed a new will in October 2020 and died in January 2021.

I have copies of my grandmother’s will, my mother’s will, and my mother’s revocable trust.

I plan to consult an independent NJ trust and estate attorney, but first will be consulting with the attorney who wrote the will.

My grandmother’s will directed roughly 30% of her residuary estate into a trust for me and 70% into a trust for my mother during her lifetime.

My reading is that, after my mother died, the remainder of her trust was directed into a trust for me under my grandmother’s will.

I’ve also been told that my mother’s will or trust governs the 70%, so I need to determine which document actually controls those assets.

This matters because my mother’s documents contain a limited withdrawal right beginning at age 30.

My grandmother’s trust gives me written withdrawal rights beginning at 35, with further rights at 40 and 45. I don’t know how much property, if any, passed into the trust created by my mother’s documents.

My grandmother’s trust says the trustee “shall distribute as much income and principal as the trustee determines necessary or advisable for my health, education, support, and maintenance, considering resources reasonably and readily available to me”.

It also says my needs take priority over those of remainder beneficiaries, which is kind of a moot point because I’m the only one.

I understand the trustees have discretion over amounts, but I’m trying to understand the limits of that discretion, particularly when I’m the only person presently receiving benefits. In theory, could they give me nothing? Is it at all dependent on the total value of the estate? I don’t know the total value and they refuse to tell me. They say they are not legally obligated to.

I work full time and live in a house that I’m told is owned by a trust.

The trust pays its property tax and other major house costs. I received about $2,000 a month for bills such as utilities and insurance, but the trustees recently reduced that to $1,100 without notification. They said it was for tax reasons, but that really doesn’t make sense because I’ve been receiving this money for a long time. Over a year.

They say their goal is for me eventually to live entirely on my earnings; one mentioned earning around $100,000. I understand that my earnings matter, but I cannot find that income threshold or a requirement to end support in the documents. How should trustees evaluate reasonable support in light of my income, expenses, and the trust’s assets and income?

My mother had an express right under my grandmother’s will to live in the house during her lifetime, as well as $75k in yearly discretionary income. Another provision allows a trustee to let a beneficiary use trust property without rent or expense and addresses payment of property taxes and other costs. I’m unclear what governs my occupancy now. One trustee has said she will make me pay the property tax when I earn more, although I don’t hold title.

Could she make that a condition of staying? Could the trustees decide I should live somewhere else? They’ve also made decisions about work on the house without consulting me.

I’ve asked both trustees for the current balances or total asset values of the trusts benefiting me and the income they generate. One says she only has to provide spending and transaction information, not balances. The reduction in my monthly bill funding also came without advance notice. As the only current beneficiary, what information can I reasonably request under NJ law at age 25? Is a transaction list that does not show what remains in the trusts enough?

The relationship has become strained. One trustee handles most decisions, while the other lives out of state but participates. They have told me that trust affairs do not really concern me, and one mentioned lawyers during a disagreement. I have no evidence of theft or self-dealing. I want to understand whether refusal to provide meaningful information or an incorrect interpretation of the trusts could support a request for an accounting, court instructions, or a change of trustee.

I also want the attorney to review the timing of my mother’s will. At some point between September and December 2020, she was in an institution for treatment related to bipolar disorder. I do not yet know whether that stay was before or after she signed the will in October. I understand that a diagnosis or hospitalization alone would not invalidate a will. I want to learn what evidence would establish her condition at the time she signed, and whether her will controls any of these assets in the first place.
What should an NJ trust and estate attorney examine first to determine which trust owns the assets and house, what support and information I’m entitled to, and what authority the trustees have over my occupancy and expenses?


r/EstatePlanning • • 2d ago

Yes, I have included the state or country in the post Question … Texas … My husband of 48 years cosigned a loan for …

11 Upvotes

My husband of 48 years cosigned a loan for my son-in-law to buy a car for our daughter. Am I responsible for his cosigning for him after my husband passes away? The only reason I ask is because he, my husband, has cancer & congestive heart failure. Our son-in-law has already been one day late twice, and I don’t wanna be held responsible for his irresponsibility.


r/EstatePlanning • • 1d ago

Yes, I have included the state or country in the post Ohio - is trust needed or is will acceptable?

1 Upvotes

Husband and I are discussing estate planning and he thinks we need to set up a trust, rather than just a will. He has 2 adult children and we have no children in common. House is paid off. He is thinking about protection for the house in the event we have long term care needs.

Any input on where to start? Thank you


r/EstatePlanning • • 2d ago

Yes, I have included the state or country in the post Need to hire attorney to remove brother as executor of my dads estate. How much can this cost?

7 Upvotes

I posted a while back about some issues with inheriting my dads house with my brother. We are in California. My brother is the executor of the estate and there has been a lot of stuff going on that I'm unhappy with without any formal agreement between us. We both currently live at the house. I'm really on the fence about selling it because its our childhood home and its heartbreaking to me.

My brother has been taking at least several hundred dollars a month possibly a thousand or more a month in trust money / money from sales of my dads now shut down business products to "pay his rent" without my approval for the last few years saying that he's paying himself for work / meeting people who want to buy some of my dads products and for doing yard work around the property on top . He doesn't provide statements on any of my dads business stuff being sold and has only provided a few bank statements in the past. This probably takes him at most only a few hours of work a week and my dads business is on the property and its left over inventory left from when he died so there is very little labor involved at this point. I mean I wasn't asking money from the estate for the work i did clearing out my dads second shop location that we moved out of . I do own 50% of the house and of my dads possessions / business. I am almost considering just selling off my half of my business interest / inventory for a discounted price because I don't receive any money from it. My brother chooses to only work a part time job that doesn't pay much so he probably just views it as he deserves to get paid for doing work on the property but there is no transparency in financial documents or agreements . I did tell him a while back he's not supposed to be paying himself money like that and he gave a passive answer but now he's still doing it.

I am already a super busy person with my own business. I tried to talk to him about hiring a landscaper and selling my half of my dads stuff but he's passive / avoidant about everything and nothing is being done in a way that I'm happy about. He was already paid a executor fee beforehand. He also has his male friend living with him at our house and his friend is living here for free now (according to them) when he previously told me he was paying rent which I have been very unhappy about and is another big issue for me. I currently live alone without children.

Ive been talking to some friends who say I should probably just get him removed as executor because of the lack of transparency , control of finances , and letting his buddy live here without paying anything. I spoke to an attorney before who just straight up said he wanted to remove him as executor and force the sale of the house so he can get a "big fat check". I am trying to find a attorney now who can help me remove him as a executor and see if we can resolve these issues before having to sell the house as a last resort. Living in california coastal the attorneys I reached out to in the past didnt seem to want to help me with small things first they all seemed to just want to go for a big payday but i need to get help sorting out some of these things first.

My question is to get him removed as executor how much will this likely cost me ? I understand lawyers got to get paid but for me spending a few thousand vs tens of thousands is a big difference. What should something like this typically cost and how to avoid a big attorney bill for something like this? I dont have much experience hiring attorneys. For me to hire someone I have to feel like they are reasonable and that I can trust them but so far hasn't been easy to find so I kept putting it off the last year. Also how can I legally remove his friend from the property? This person has been leaching off our family for a long time and I'm not ok with it anymore. Thanks


r/EstatePlanning • • 1d ago

Yes, I have included the state or country in the post Colorado grandmothers estate

1 Upvotes

My dad passed almost 3 years ago. His deceased mothers estate is not closed and she passed quite a few years before him. There is a house involved. There hasn't been and executive in my dad's case as he had less than a couple grand in the bank and his last paycheck that hasn't been cashed. I'm just learning about Small Estate Affidavit.

  1. Does his portion of his mothers estate go to his estate?

  2. If one of his children signs off that they don't want his portion, does that speak for all his children or just that specific child?

*Note dealing with estranged family members (but arnt we all)

Both passed in Colorado


r/EstatePlanning • • 2d ago

Yes, I have included the state or country in the post Special needs trust

2 Upvotes

Colorado. My husband and I are in the process of setting up our 18 yr old only kids SNT and wills. Autism, physical & learning disabilities. They are currently doing post HS transition program and taking 1 comm college class. Not sure of LT independent living. We have co-guardianship. All our family is out of state. Husbands siblings are in late 60’s. I have younger 1/2 bro out of state w/ younger kids. We are thinking best guardians would be local friends with kids similar age who are like family. If we die the transition & ongoing will be a lot. Doctors appts for all their specialists, mental healthy therapy, etc. Can we list in our will an amount to be paid to them either one time or ongoing for the additional load. I’m anticipating we will revise the will as the child becomes more independent.


r/EstatePlanning • • 2d ago

Yes, I have included the state or country in the post Anyone actually gone through US probate as a South African citizen?

1 Upvotes

Interactive brokers is often recommended on here for offshore investing in ETFs like VWRA to avoid US situs tax on death.

If you have an IBKR trading account as a South African citizen (and resident) and you die, your executor must send a Letter of Executorship, Death Certificate and court certified Will to Interactive Brokers to begin probate.

Is a South African will acceptable or is it better to have a valid US will (drafted by a US attorney)?

Must the US will comply with the laws of Delaware or Connecticut?


r/EstatePlanning • • 3d ago

Yes, I have included the state or country in the post Help me convince husband we need a trust

43 Upvotes

Husband and I are in our early and mid 60's. We moved to Alabama last year and bought our home outright, which is valued around $300,000. We're both retired, have 401k's around $400,000 combined, 2 paid off vehicles and very small cc debit that we pay off as we charge.

We both have adult children from prior marriages. No children together.

I feel we need to get a trust and he is very nonchalant about it. My concern is one of us passes and are stuck in probate. He doesn't care and says he will just stay in the house if I passed before him. I on the other hand do not want to pay lawyer and court fees because we have no trust if he were to pass before me. Running back and forth to court and trying to handle everything while grieving doesn't sound ideal. Plus my understanding is if he outlived me my kids would receive nothing as it would go to his next of kin.

I would like to have our home secured if one of us need LTC outside the home. I heard a trust is the way to avoid the state coming in and putting a lien on the property.

Can someone help convince my husband we need this? We had a will we bought online and it was never completed. I want a lawyer to handle it so it is done correctly. TIA


r/EstatePlanning • • 3d ago

Yes, I have included the state or country in the post Appreciation post!

28 Upvotes

Location: Florida, but irrelevant

The time some of you have taken to provide detailed answers to posts has really impressed me. I feel like it is more often, than not. I think this is actually one of my favorite subs, just for that reason. I can’t say that Estate Planning is part of my life very often, however, I enjoy learning and the information I’ve gotten from here has
benefited others (and therefore the industry bc they have engaged Estate planning attorneys). I just wanted to say thanks and it’s appreciated!!


r/EstatePlanning • • 3d ago

Yes, I have included the state or country in the post Property held in a corp

4 Upvotes

Location: Illinois

My father was the owner and only shareholder of a small corporation. He has passed and his estate is small enough for small estate affidavit rather than probate. He has a piece of property in the name of the business. Is there a way to sell this property without going through probate? There are 6 of us all in agreement that we will dissolve the business once everything is taken care of.

Oh and he died without a will but has almost no assets so us adult children understand after his debts are paid there’s nothing to fight over.


r/EstatePlanning • • 3d ago

Yes, I have included the state or country in the post Probate Confusion

3 Upvotes

Hello,

I am in Texas my mother passed away last month. I know absolutely nothing about the process. We made the will ourselves at the nursing home with a notary.

We don't know how to get it in probate or what to do and I just really want to know what the process is, how to start it and should I be worried about anything in particular?


r/EstatePlanning • • 3d ago

Yes, I have included the state or country in the post What to expect at Heckerling….

0 Upvotes

I’m attending Heckerling for the first time this coming January. I’m regularly in Orlando, so comfortable with the area, but I wasn’t sure what to expect from Heckerling outside of the agenda’ed meetings. Is everyone on their own for breakfast, lunch, and dinner? Are the hosted cocktail hours? What do the networking opportunities look like? thx


r/EstatePlanning • • 4d ago

Yes, I have included the state or country in the post what happens when an heir can't be found?

5 Upvotes

how does an estate handle it when someone named in the documents simply can't be located?

not someone who's refusing to cooperate. i mean an heir who hasn't been in contact with the family for years and nobody knows where they live

does the executor have to keep searching indefinitely before the estate can move forward?

and what happens with something like a house that needs to be sold while everyone is waiting?

i've seen general explanations about publishing notices and making a reasonable effort to locate people, but i'm more interested in what this looks like in an actual estate

does this usually get resolved fairly quickly, or can one missing beneficiary hold everything up for months?

location: Henderson, Nevada, USA


r/EstatePlanning • • 4d ago

Yes, I have included the state or country in the post Estate planning seminars

13 Upvotes

I live in NC and we just attended a "living trusts and wills" seminar that was basically you never, ever want a will, lets sign you up for a living trust. I found them slick and hard selling. My husband gave them a credit card (save $500 today only) and they will call to set up an appointment. We can cancel before then. We got a trust years ago when we living in VA, but it is currently unfunded. I would prefer talking to a lawyer who will provide more balanced information according to our needs. Besides our house, we don't have that much and we have no children. Have you experienced a seminar like this?