I need to create a living trust but wondering if I can do it through legalzoom.com or if you do not recommend it.: Need a living trust and we are not high on funds right now to create one. There is a person in the law field, not a lawyer though who said he will make one for 500$, is that sketchy? Would legalzoom.com be better? Or would you not even recommend that?
Kendall’s answer:
Well, this may not be the most unbiased forum to pose this question. Although there are many things in the law that a layperson can handle, making a trust -- or doing any estate planning really -- is not one of them. Things that can seem unimportant can often have many layers of consequences, and only an experienced attorney can help you uncover those.
If a full-blown trust isn't in the budget right now, I'd suggest doing a simpler plan. Make some wills and powers of attorney, so if something happens before you can get the trust done, you won't be left with no instructions in place.
Good Luck,
Can a trustee appoint a co-trustee even though the trust does not expressly authorize it?: Husband died and wife is sole trustee. Wife is getting old and wants daughter to serve as co-trustee with her. Trust does not specifically allow appointment of co-trustee. Can wife appoint daughter as co-trustee without having to go to court?
Kendall’s answer: The first place to look is the trust document itself . . . if the daughter is named as successor behind Mom, Mom can simply resign and it will put daughter in as trustee automatically. Presumably, Mom is also the sole beneficiary, and in that capacity, has the power to name whomever she wants as trustee. In either of those cases, it shouldn't require you to go to court, but you should get some legal assistance in putting the correct documents together.
I was a beneficiary in my grandmother's trust. I was not mailed any documents in a probate proceeding. Were my rights violated?: As a result of not knowing about the proceeding I lost my chance to address significant problems. Do I have a claim against the trustee who mailed to others who were not beneficiaries, and did not mail to me?
Kendall’s answer: If you are indeed named as a beneficiary in a Trust, the Trustee is required to give you notice of the trust administration -- advising you of their service as trustee, and where you can write to get a copy of the trust. If you weren't given that notice, no clock has started to run yet on your ability to make any claim against the Trust or the Trustee. If your grandmother didn't actually leave a Trust, your rights will differ.