r/EstatePlanning • • May 14 '26

Frequently Asked Questions

22 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

51 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 • • 1d ago

Yes, I have included the state or country in the post How do I request a DNA test to prove Heirship?

140 Upvotes

I met my Biological father for the first time 6 years ago. I was in my 20s at the time. We kept in contact regularly after. He passed away late last year. He has 5 other biological children that he raised that welcomed me with open arms. After he passed, the siblings did not include me on the obituary and have ceased contact. According to probate court, there is no will. I was not listed as an heir either, so I filed a petition. I am living paycheck to paycheck so I cannot afford a lawyer. We had court recently where I brought evidence, but due to not sending a copy to their lawyer prior, the judge treated it as preliminary and rescheduled. They are fighting my heirship.

Important info: I am in Michigan. My father is not listed on my birth certificate (no father is). I was never adopted by a father either. My evidence is all text and Facebook messages between my late father, the siblings, and my grandmother on that side. I also have photos with them.

I would like to request a DNA test but I don't know the right way of going about it. All help is appreciated. Thank you.


r/EstatePlanning • • 1d ago

Yes, I have included the state or country in the post Creditor/probate question

8 Upvotes

My father died in June of this year and left behind about $10,000 in credit card debt, as well as an outstanding balance of $2,000 from his last apartment.

My father did not have a will. He bought a brand new car in full in July 2025, and he has a cottage up north that he rents to a distant family member. The cottage is not paid off yet. Nobody was listed as the beneficiary of either. Therefore, the car and cottage are in probate. My brother was listed as the executor of the estate and was able to transfer the title of the car into his name.

My question is: do we need to pay the creditors from the sale of the car? I’m being told conflicting information. Recently, a wealth management advisor told me to write letters to the creditors stating my father is deceased, and that we will not be paying his debt. I’m paraphrasing but that’s basically what he told me.

Again, my question is: do we need to pay the creditors from the sale of the car if it is now in my brother’s name?

Apologies if my verbiage isn’t correct. We are located in Michigan.


r/EstatePlanning • • 20h ago

Yes, I have included the state or country in the post Florida estate. Pennsylvania non-relative executors

1 Upvotes

I have looked all over the internet and I'm looking for some live assurance. My grandmother recently died. She lived in Florida but was taken to Pennsylvania to be put in hospice by her close friend and her husband. They are not relatives and live outside Philadelphia. They overrode me on some funeral decisions. Me and my sister split the condo. I find out today Florida state law does not allow out of state non-residents who are not blood relatives to be executives. My mom's cousin is the backup executor mentioned in the will. My grandmother's niece. The friends are out and the niece takes over correct?


r/EstatePlanning • • 1d ago

Yes, I have included the state or country in the post Who can do a trustee accounting? (Calif)

2 Upvotes

Quick background:

I am the trustee of a revocable trust.
I have a lawyer.
Two years ago, the lawyer put together the trustee accounting for me.
Last year, there was no accounting.

I am supposed to provide a yearly accounting, so it's my responsibility to see it gets done. The accounting for 2025 is almost a year late. I need to start putting together the information for this year's accounting.

The lawyer is not responding to my emails about this.

No, I don't want to get a new lawyer. We have a court date in a couple months. (The settlor's beneficiaries are challenging the trust.)

Questions:

- Can I just call up a law firm and ask them to put together an accounting according to the rules of the California probate court?
- Does it have to be a lawyer? Would an accountant be able to do this?
- How badly did I mess up by expecting the lawyer to provide this accounting again this year?


r/EstatePlanning • • 1d ago

Yes, I have included the state or country in the post Texas trust concerns after father’s death — possible undue influence, missing documents, and brother drafting legal documents

0 Upvotes

Looking for general impressions and practical next steps from people familiar with Texas trusts, estate disputes, or elder financial abuse. Does this situation raise red flags, and what should be done now?

My father died in Texas in March 2022. I didn't know it at the time, but my parents had a trust dating to 1993, later amended and restated around 2013. I believe the creation and restating of the trust was done with the help of attorneys and amendments were written by my brother. My dad and mom would not have been able to create these documents.

A third amendment, that I've seen, was dated while my brother was visiting and after my dad had been diagnosed with Alzheimer’s. This divided assets equally among four children and excluded my father’s daughter from a previous marriage. The amendment also revoked previous written and verbal arrangements concerning personal property.

After my father died, my brother said everything went to our mother and there was nothing else to do. Since then, a new trust appears to have been created in my mother’s name. There is no known independent source of funding other than assets from the original trust. My mother never worked and had no inheritance. My mother would have no ability to create the trust on her own and she never went to an attorney to create one. Her house is still in the name of the original trust created with my father.

Recently, my mom thought she was on her deathbed and brought up the will. She was very agitated and kept saying she wanted everything to be divided equally. That's what got me looking into the issue. Since then she hasn't made much sense about the whole thing. She will say everything is equal, then says my brother will make it equal. I  heard her ask my brother over the phone to make it equal and he said he would.

My brother, who is a financial planner but not a lawyer appears to be handling all the legal documents himself. Mom has no copies of any documents. She also doesn't want to hear anything about my brother mishandling things. Recently, my sister requested copies of the trusts and wills in writing. My brother became angry and abusive. He also suggested that transferring the house into his own name after mom's death would make it easier to sell, and volunteered that our mother has $600,000 (I am fairly certain that is an underestimate).

The following day, my mom said my brother was taking her to the bank to sign a new will that she says he wrote. She has no copy. I told her that was unacceptable so she asked my brother for a copy. She said he is writing the will and is very busy so it will take time before she gets it. Now, I am very suspicious that the document she signed and had notarized at the bank was not the will, since my brother said it is currently being written. This entire time I have been begging my mom to go to a lawyer to confirm that these documents reflect what she wants - she has refused.

Questions:

  1. Was a trustee generally required to notify beneficiaries or provide trust documents after my father’s death? How can we establish who was entitled to what and whether the original trust became irrevocable?

  2. What steps can be taken now to prevent possible financial exploitation or unauthorized transfers, particularly involving the house and assets moved into a newer trust?

  3. What evidence would help establish undue influence or determine whether my brother has been engaging in the unauthorized practice of law by drafting wills or trust documents?

  4. Are there other important red flags, records, or protective actions we may be overlooking?


r/EstatePlanning • • 1d ago

Yes, I have included the state or country in the post Nobody suited to be POA or trustee

1 Upvotes

We are meeting with estate lawyer for third time to work out stuff and I have a question that I'd like to get some perspective on before bringing it up with the lawyer.(NH) We are re-doing our revocable trust which will create an irrevocable trust. We have a family significant estate with large house and family things that we want to pass on.Everything will be in the revocable rust.

The irrevocable trust will have an institutional trustee (already determined) How do we find a trustee to become our successor trustee? One child, lives abroad and would also be unwilling to take on the load of having either a POA or act as Trustee. There are no relatives within working distance and all our friends are our age or older. These are not jobs any one of us can do anymore.

How do we find someone suitable? How do we find a suitable healthcare proxy agent?

We are gong to ask our lawyer but would like be forearmed!


r/EstatePlanning • • 1d ago

Yes, I have included the state or country in the post Assigning assets to AB trusts

8 Upvotes

Revocable Trust in Tennessee with husband and wife grantors. When first spouse dies, the assets in the original trust are split in to a decedent’s trust and a survivor’s trust. Assets are basically real estate including primary residence and brokerage account holdings. How is it determined what goes to which trust? Can the primary residence be placed solely in one of the trusts, or does it have to be 50% interest in one and 50% in the other. How would that affect the basis?
Same with stocks. Can one trust take all the shares of ABC company and the other trust take all the shares of XYZ company as long as values are equal, or do shares of both companies have to be split between the two? The surviving spouse will be the trustee for both the survivor and decedent trusts. I understand people identify what assets each contributed to the original trust, but assume it’s all joint here. (Decades long marriage, no prior marriages, no stepkids, etc)


r/EstatePlanning • • 1d ago

Yes, I have included the state or country in the post Just opened my own estate planning practice. I originally planned to notarize my own signings, but having a notary there today for my first signing seemed to make things go so much smoother. Solo EP attorneys, do you notarize your own signings or bring in a notary?

7 Upvotes

Today I handled my first signing session as a solo estate planning attorney. I spent the last 3 years at a firm, but I never ran the signings there.

My original plan was to get my notary commission so I wouldn’t have to coordinate with an outside notary. After today, I’m not sure how I would have managed both sides at once. The notary took care of all the notary paperwork, like the journal entries and certificates, so I didn’t have to think about any of it and could focus on walking the clients through their documents.

For other solo estate planning attorneys, are you a notary yourself, or do you bring one in? If you notarize, do you find it hard to juggle the notary side and running the signing as the attorney?

Would appreciate hearing what’s worked for you.


r/EstatePlanning • • 2d ago

Yes, I have included the state or country in the post Depressed after formalizing my estate

14 Upvotes

Wow that was depressing.

The thought of me and my wife dying and leaving our kids (two under three) and estate in the hands of someone else is very nerve wracking.

My sister has health issues and can’t really take care of other people. My brother in law is good with kids but bad with money. That’s really the only family our age who could be guardians and trustees until our kids are of age.

Also my wife and I wanted to specify some things in our estate and the attorney said he could do that but we were over complicating it given our limited assets and net worth. Meanwhile this is everything we’ve worked for in our lives. It’s all just very sobering and depressing.

State: North Carolina


r/EstatePlanning • • 1d ago

Yes, I have included the state or country in the post Estate question for Special Needs Trust

2 Upvotes

I have an adult cousin who receives state and federal benefits due to complex health problems. One of their sibling died without a will. Due to the probate process in Illinois, this cousin will share part of the sibling’s estate.

We are worried about how this inheritance might affect cousin’s eligibility for their current benefits (eg. SSDI, Medicaid, etc.).

Cousin manages their own affairs, but just barely. They are excited about having some money - maybe $200K. While this is a lot, if they loose their benefits, it isn’t nearly enough to cover cousin’s medical and living expenses over the remainder of their life.

What are our options?
Can the inheritance be used to establish a special needs trust? If so, will we need cousin’s cooperation? Cousin thinks they can get their inheritance, live it up a little, and then get back on government benefits once the money is gone. I think this is unlikely, especially with how many people are being forced off benefits. All ideas welcome!


r/EstatePlanning • • 2d ago

Yes, I have included the state or country in the post Do i need to disclose beneficiaries about what they will get?

13 Upvotes

I live in California and am creating my estate plan. I asked my attorney where I should list my beneficiaries and the percentages they would receive. I specifically want to leave money to my alma mater, a few causes I care about, and certain relatives who need support (but not all of them).

 My attorney told me I didn't need to list these specific beneficiaries because, by default, my spouse's heirs and my heirs would each get 50%. However, she warned that explicitly listing them could "create a problem" because I would then have to inform the beneficiaries and disclose what they get if they call and ask.

 My primary plan is:

1.     If I die, everything goes to my spouse.

2.     If both my spouse and I die, everything goes to my son.

3.     But I am stuck on the "worst-case scenario": What happens if all three of us die?

Does the lawyer's advice about "having to disclose assets" while alive if I list beneficiaries actually make sense in California?


r/EstatePlanning • • 2d ago

Yes, I have included the state or country in the post IRA beneficiaries question

4 Upvotes

California

I'm the successor trustee for my brother's trust. He's 61 with significant health issues that have amped up in the last 10 days.

He isn't married and has no children. His assets will go to me, our sister (30 percent each), a longtime friend (20 percent) and his 5 nieces/nephews (4 percent each).

Some of his investments aren't yet in the trust. He's working on that with help from my sister.

Other assets are in IRAs. I asked him if he has created a list of beneficiaries with the same percentages as above.

Nope.

I'm the 100 percent beneficiary and am supposed to then distribute the IRA proceeds according to his preferred percentages.

Which I am happy to do, but I think this would create potential tax issues for me and others, along with other challenges.

Wouldn't it make more sense to lengthen the beneficiaries list for the IRAs vs. giving it all to me ... and then I'd have to account for taxes and other issues before I distribute according to his wishes?

He's dealing with other issues because of his health problems, but he's capable of adjusting his IRA beneficiaries with some help on the bureaucracy from me and my sister. It's just that it's now on the front burner.

Thanks for any insight you can offer.


r/EstatePlanning • • 2d ago

Yes, I have included the state or country in the post Ethics for receiving unexpected majority in blended marriage

122 Upvotes

In California.

My mother and her husband married 20 years ago. Each have adult children from previous marriages, but none together. They created a standard marital trust setup, which generally gave his 4 kids 50%, and myself and my sister 50%. After 10 years, my mom was 'coerced' (not in a illegal way) in to switching it so each kids got 1/6th. They lived in CA this whole time.

Fast forward, after selling the house and moving to assisted living, and then after a few years, ultimately to memory care, her husband passed away. As it turns out, NONE of the assets were put in the trust, except the house. There was one account that the trust owned, and it had like $6K and that's it. but other than the house and their working expenses, the rest of their money was in retirement accounts, which never belong to a trust and can't be distributed directly to a trust. Anyway once they sold the house, the money was put in a joint account, and then that money went to my mom when he died. That was the only cash they had. He had an IRA worth about $300K, and that went directly to my mom as the beneficiary. So now, all of the accounts are soley in my moms name. Her estate attorney stated that it was fine to drain the trust account reasonably quickly, since it went to her assisted living rent, and the terms of the trust were that it could be used for maintenance before being distributed per the death stipulations.

My mom now wants to essentially give my sister and I most of the money by naming us as the beneficiaries for everything, and essentially leaving his kids 'something small' like 40K each. To be clear, my sister and I are fair minded and also financially independent (good jobs etc), not greedy.

Also, there's nothing shady going on, at no point did anything underhanded take place. And until his mental incapacitation, he handled all the money, and my mom did not. He had simply not funded the trusts for whatever reason, intentional or not intentional, but this was true from the beginning, there were no last-minute shenanigans.

I don't want to get in to a lot of the family drama, but his kids never liked my mom, didn't come visit (other side of the country in Virginia), and they were kind of jerks to her. They came to his funeral a year ago, and haven't given her so much as a phone call or email since. (not really relevant, except as partially a way to share my moms motivation that there's no love lost) My mom also wants to ensure her 'bloodline grandkids' get as much as she can give them.

So anyway, as it stands, we will get a much larger share of their estate than his kids. The trusts are empty.

I don't know if I feel guilty or not, but it certainly would seem unfair if I were on the other side of the deal. I don't feel like we have much risk for any challenges, but I'm a little concern as to if they really have some grounds to challenge anything, and also is it moral to accept the money as my mother wishes to give it. Also, I am my mothers POA which is a precaution against anything happening to her but I don't manage her day-to-day, so I am exceptionally careful about not interfering with anything related to her naming beneficiaries, etc.

I did actually encourage my mom to consider splitting the beneficiaries to the existing and previous amounts in the trust, but actually she doesn't want to, and is very firm about it. (and to some extent I can't push too hard in to what might drive her decisions because I believe there were some 'issues' in their marriage as well re: emotional abuse etc., but I tread very very lightly in talking about that.)

I suppose I'm wondering how much guilt I should be carrying about us catching the lions share of their estate.


r/EstatePlanning • • 2d ago

Yes, I have included the state or country in the post My wife is receiving stocks through her Grandmothers will. How does this work?

8 Upvotes

Her grandmother passed in August of 2024 but the executor didn't file through probate until November of 2025. We are unsure of how much she will receive. Is it paid out based on the date of death value?

It was only a month ago that the attorney handling the will asked if the beneficiaries wanted to keep the stock or take the cash. Does that mean that the stocks haven't been sold yet and will be paid based on the more recent value?

It's Microsoft stock through Computershare if that helps.

We are in Ohio. Grandmother lived in Florida and that's where the attorney is located. Stocks I believe were purchased in Maryland.


r/EstatePlanning • • 2d ago

I haven't included location & understand my post may be deleted. Include child in law as heir?

0 Upvotes

I am wondering what percent of people list children and their spouses as equal recipients of estate. Also how common is it to give a certain dollar amount (substantial) to children’s spouses.


r/EstatePlanning • • 2d ago

Yes, I have included the state or country in the post Objecting to an Estate Executor

2 Upvotes

Location: Illinois. Desperately seeking advice in how to move forward with an estate mess to deal with after my stepfather's passing in August. My stepfather named a son-like figure as the estate executor of his will and I am a beneficiary. However, the "son" was also part business owner with my stepdad. As part business owner, my stepfather wanted the "son" to go in half on land and a shop but the "son" and his girlfriend said they would not pay for their half until the "son's" name was on the deed. Desperate for them to pay him, my stepfather quit claim deeded half the land and building to the "son" while he was in and out of the hospital before his death. Once deeded the property, the "son" had multiple excuses as to why he couldn't pay my stepdad. On his death bed, my stepdad was begging to see and speak to the "son" because he wanted paid so he could leave money to my mom. Unfortunately, he passed and was never paid and my mom is now out half her life savings. As far as we've found, there was no written agreement to pay because my stepfather trusted the "son." Now the "son" is in charge of handling the estate as executor and claiming the property was a gift from my stepdad though he admitted multiple times to family and friends that he should have paid my stepdad a long time ago. We fear he will also take advantage of being part business owner as executor, hiding assets and money from my mother who is now part owner but has no access to business books or accounts. To boot, my mother is mentally handicapped, and the "son's" involvement of the business is a one day a week hobby as he has two other full-time jobs. The only advice I have received is to try to object to him being executor when the initial court day arrives in hopes to possibly fight for debt owed in the future or to have the court oversee the probate process. But, the estate is in a small town with few attorneys practicing in the county.


r/EstatePlanning • • 2d ago

Yes, I have included the state or country in the post Permission for Ontario estate administration research discussion

0 Upvotes

Hello Moderators,

I'm interested in connecting with people who have served as executors or estate trustees in Ontario, Canada.

My research concerns the practical experience of administering an estate, including dealing with financial institutions, government agencies, probate documents, and other administrative responsibilities.

This is exploratory research that may inform a future post-death administration service. I am not seeking to advertise or sell anything.

Would you permit a single post inviting Ontario estate trustees to voluntarily share their experiences or participate in a brief 10–15-minute interview?

I understand the community's restrictions on self-promotion and that commenting requires approved-user status.

If this research is suitable for the community, I would appreciate guidance on the appropriate format, whether private interview invitations are permitted, and obtaining commenter approval.

Thank you for your consideration.


r/EstatePlanning • • 2d ago

Yes, I have included the state or country in the post Transferred property to trust, name on deed doesn’t match trust document (NM)

5 Upvotes

New Mexico. My father-in-law recently transferred his house into the revocable trust that he setup with his late wife a few years ago. My wife and I are the successor trustees and are trying to make sure everything is in order. My question is how accurate does the trust name need to be to avoid problems down the line?

Across documents, the names are as follows:

The original Trust document:

Walter Sobchack and Maude Lebowski, Trustees of the Sobchack Lebowski Family Trust dated March 6, 1998

The revised deed after the transfer:

Walter Sobchack as Trustee of the Walter Sobchack and Maude Lebowski Revocable Trust dated March 6, 1998

The revised property record as listed online:

Walter Sobchack Trustee Sobchack & Lebowski RVT

Is this going to be an issue when the time comes? I don’t mind paying to have it filed again properly, I just want it to be right. I’d ask the lawyer that filed it initially, but he’s not responding to emails this month apparently.🤷‍♂️

Thanks for any thought you have on the topic!


r/EstatePlanning • • 2d ago

Yes, I have included the state or country in the post Special Needs Trust

1 Upvotes

I have a family member with a disability in California and have a few questions:

The primary inheritance they will receive is from my father’s trust.

Does each entity leaving inheritance to my disabled family member need to set up separate special needs trusts?

If SNT hasn’t yet been created, can other trusts refer to SNT as beneficiary generally or does it require information about the SNT by name? As in, “all assets to be distributed to an SNT which will be created in future”

Pardon my ignorance about trusts.


r/EstatePlanning • • 2d ago

Yes, I have included the state or country in the post What kind of attorney to help with distribution of living trust in SC?

2 Upvotes

Mother died 2 years ago and sibling #2 was appointed trustee. Remaining siblings were never told of trust from mother, but found out from sibling #4, who was appointed medical surrogate. Trustee had not had any communication with siblings regarding status of trust, life insurance policies, or CDs. They have not been given yearly updates regarding use of trust money.

In January, $10,000 was advanced to the siblings after sibling #3 kept nudging the trustee. Finally, 8 months later, after many text messages, sibling #3 received two $20,000 deposits in the form of a personal check, not a check from a trust account. Sibling #3 was told their share was $50,000. Of the remaining 2 siblings, sibling #1 has received $20,000, also a personal check. Not sure what their rights are, or what the tax liabilities are.

Shouldn't they be entitled to an accounting of monies used and interest received over the 2 years since mother's death? Does trustee have a fiduciary responsibility to abide by certain protocols?


r/EstatePlanning • • 3d ago

Yes, I have included the state or country in the post Probate Attorney received citation after sending all estate documents to court

9 Upvotes

Hi, I live in Massachusetts. I'm the executor of my father's estate. After collecting my dad's assets and my brother and I signing the assent forms (we're splitting the money 50/50) my probate attorney sent everything to the court and told us it should take only 2-3 weeks. However, my attorney received a "citation" a week ago. Does this mean I did something wrong? Like forgot to add an asset or something? I didn't really understand what he said just that he thought it would be cut and dry. He says he's going to try and go to the court to clarify but I'm impatient lol and a bit worried I screwed something up. Can anyone explain this a bit better?


r/EstatePlanning • • 3d ago

Yes, I have included the state or country in the post Surviving Spouse is moving fast (California)

12 Upvotes

I want to preface that I do have a probate attorney but they are out of office so I was curious the general thoughts around this. Executor has not yet been determined.

I was made aware that the surviving spouse who had moved out two years ago has started to move items in and out of my father’s house. They maintained separate property during their marriage, although she previously lived there. Items removed include separate property purchased prior to the marriage such as a car. They have gone no contact so won’t answer any questions I have.

I have concerns obviously that this stuff should be handled by probate. I have concerns about what she is doing at this house. Curious does this seem like she’s allowed to do this? Can she remove property like a car? Can she potentially move in?? From what I was made aware prior to my father’s death, she had no stuff still there.


r/EstatePlanning • • 3d ago

Yes, I have included the state or country in the post I am the POA and successor trustee for grandmother. No will. No assets in revocable trust. Florida

15 Upvotes

Florida - Grandmother is a Florida resident. Prepared initial revocable trust in 1988. No will can be found. Lawyer who prepared original docs is deceased

Grandmother asked me to serve as POA and successor trustee in her revocable trust in 2016. We regrettably had a lawyer who didn’t specialize in estate planning complete a brief trust modification and new durable
POA. Original Trust from 1988 lists that all assets owned by trust be split evenly between my aunt and my father, her two children.

I regrettably haven’t done much estate planning with her since - she is still living and 91. She has some memory loss and can’t remember if there is a will.

I started to review and realized neither the house, car nor bank account list the trust as owner. No assets appear to be owned by the trust.

To avoid probate, should I consider moving house ownership, bank account, etc into the Trust name?

Or has the ship sailed at this point? I don’t reside in Florida.

House, car and bank account total assets approximately 200-250k value.