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My boyfriend feels we can correctly establish a trust by ourselves . What are the possible consequences of doing it this way?

Scottsdale, AZ |

We both own real estate, artwork, cars, investments, etc. and no children and want to make sure we plan for each others financial and tax safety, should something happen to one of us.

We're also wanting to set up an LLC on one of the homes to use as a rental investment property. He feels we don't have to spend thousands to set up a proper trust and can do it on Legal Zoom, but I'm worried as I keep hearing that it's not that easy to do.

What are the possible consequences of doing this ourselves? This is an area that is totally out of my realm of expertise.

Attorney Answers 6

Posted

Establishing an estate plan on your own is an option, but having it reviewed by an attorney licensed in the State where the trust is established can save you from making numerous amendments and restatements of the original trust. A trust written by an inexperienced person can have numerous consequences (improperly funded trust, tax implications, accidently disinheriting a loved one) which cannot be fully explained here because not all estate plans are the same. Although it may seem inexpensive now to use other methods to create a trust, having an attorney to refer back to on a personal basis can be reassuring. Also, one of the reasons trusts are created is to avoid probate...this can be costly and time consuming. Investing in a well established trust now can lessen the possibility of going through the probate process in the future.

The information provided does not create an attorney-client relationship. It is for general information purposes only. For actual legal advice, contact an attorney directly.

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James P. Frederick

James P. Frederick

Posted

A trust is certainly a great estate planning tool that can cover a lot of situations and accomplish many objectives. Whether it is the best solution for YOU depends on the facts of each situation. There is no "one size fits all" estate plan. Attorney Castilllo understands this. You need to contact him or an estate planning attorney like him, to make sure that you do not wind up being another horror story.

Posted

This is obviously an area that is outside of your boyfriend's area of expertise, as well. That is the case with probably 95% of the population. Lawyers spend thousands of dollars to educate themselves and keep up to date on estate planning laws and techniques. Unless you are willing to do the same thing, you are FAR better off consulting with an expert to determine how best to proceed.

You do not have an easy situation to plan.

What are the possible consequences of doing it yourselves? 1) You somehow manage to get things set up correctly in a way that will satisfy your objectives. (I view your odds at about 5%). 2) Anything else. This could include your documents not be valid at all. It could include them doing something completely different than what you intend, resulting in your family members or the state receiving some or all of your estate. It could result in your eventually getting things the way you wanted them, but only after spending thousands of dollars to do so.

I believe that your boyfriend has an incorrect impression as the cost of estate planning. It may be FAR less expensive than he believes. The whole point of DOING this, however, is to make sure that, if something happens, your estate plan will achieve your objectives. If you cannot be sure that is the case, why would you do this?

Some reasons NOT to use internet forms or office supply forms:
1) YOU do not understand what the forms are for, how to properly set them up, (do any follow-up work that is necessary, or choose whatever options are available to you;
2) The forms may or may not be specific to your state's laws. If they are not, then your state's laws might alter the effect of your forms by nullifying certain provisions. This may or may not affect the distribution of your estate(s).
3) There is no attorney to answer any questions you have, to follow up with if there is a problem, or to stand behind their product.
4) These forms are USED when you are either incapacitated or deceased. At that point, it is generally not possible to change the forms or correct any problems. The key is setting things up correctly in the first place.
5) You may have questions about amending or updating your documents in the future. Without an attorney, there is no one to ask, and no one to make the changes.

You are not simply paying for a form. You are paying for knowledge, experience, expertise and advice. With the internet and office supply forms, all you GET is the form. I would not want MY family to rely on that. Knowing and having seen all of the things that can go wrong, (and having helped MANY clients who tried to do their estate planning "on the cheap"), I would urge you to do this the right way, so you do not have any regrets, down the road.

James Frederick

*** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.

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Posted

You really should seek professional help through an attorney in your jurisdiction to create the trust and other documents for you. The Legal Zoom trust may work for you, but how do you know if it does? Although many trusts contain some of the same provisions, each trust I draft is uniquely tailored to the client's needs. Another way to clarify what you are doing is what if you bought a pink blouse from your favorite department store. Would it work well for you? Yes. But will it work well for a different size woman, let a lone your boyfriend? No. Unfortunately, it is not so easy to see if the Legal Zoom trust fits your goals or needs.

To answer your question as to what can go wrong if you choose a trust that doesn't work for you; an effective trust should give you control over your property while providing security for your loved ones. A defective trust will not accomplish the following:
1. Provide for you if you become incapcitated.
2. Upon your death, it should avoid probate if it is adequately funded. (Minimum probate in Arizona costs an average of $3,000 - $5,000 and often much more.)
3. It should transfer your property as you wish.
4. It should provide protection of the property your heirs receive against creditors, divorce, bankruptcy, etc.
5. It should minimize or eliminate estate taxes.
6. It should give you peace of mind.

If your Legal Zoom trust is defective, you will spend much more than the cost to create the trust correctly in the first place. The potential taxes, probate, and litigation from a disgruntled heir would be significantly more than any amount you save. This is especially true considering the sizable assets you mentioned. Most of all, I don't think you will ever have the peace of mind that you should have knowing it was done right.

Mr. John Skabelund is licensed to practice law in Arizona and his office is located in at Tempe Town Lake in Tempe, Arizona. You may contact Mr. Skabelund at (480) 344-0915 or through his website www.davismiles.com. In accordance with AVVO terms and conditions, this answer is provided for general informational purposes only and does not constitute legal advice nor should it be relied upon. Answering this question does not create an attorney-client relationship with Mr. Skabelund or Davis Miles McGuire Gardner, PLLC. Legal advice that you rely upon in making important decisions should only be obtained from direct communications with a lawyer licensed in your jurisdiction after there has been a full disclosure of all of the relevant facts. It is important to consult with an attorney because every state’s laws are unique, each situation is fact specific, and a full analysis of the facts and the laws of your state are required to provide legal advice. You should never provide information that you intend to be confidential or privileged on a forum such as this and you should never rely on information provided here as a substitute for legal advice. Any U.S. tax information provided above is not intended to be used, and may not be used, for the purpose of avoiding penalties imposed under the U.S. Internal Revenue Code or for promoting, marketing, or recommending any portion of this communication to any party.

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Asker

Posted

You asked this question on the wrong site, no attorney is going to say "it's ok to do it yourself." The answer to that question all depends on your boyfriend's competency. This answer's last paragraph is true, but it's possible sure your boyfriend has taken that into consideration already. I have seen attorney drawn trusts that were wrong too. Just because someone passed the bar, doesn't mean he knows what he's doing AND ALSO just because someone is Not an attorney doesn't mean he doesn't what he's doing. It has to do with your confidence in who is drawing up the paperwork, attorney or not.

Posted

Look, lawyers of course are going to tell you to use a lawyer, but that doesn't mean we are not correct. I have no financial vested interest in telling people in AZ to use a lawyer and I'm still telling you all the lawyers telling you to use a lawyer at telling the truth. How's this for yet another analogy: do you butcher your own meat? Do you do your own plumbing? Do you fix your own car? Do you write your own computer software? No? Did not think so. I don't do any of these things so I hire professionals. It's possible that you can learn enough about something to do it correctly, but I doubt you have the time to learn enough at this point in your lives. If you do a bad plumbing job in your house that was a DIY job you could cost yourself from hundreds to thousands of dollars. If you do bad DIY estate planning job you could cost yourself a lot more. Lawyers are not selling Ginsu knives - if you lost $50 its not a big deal. Estate planning is one of the bigger financial decisions of your life (next to purchasing a home or car, or taking out a mortgage) so its probably one area where cutting corners is not too smart.

This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/

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James P. Frederick

James P. Frederick

Posted

Of course, the plumbing problem usually presents itself more or less right away, when you can fix it. The estate planning problem may not be evident for 10, 20 or 30 years, when there is no one left to correct things, other than a (more expensive) lawyer.

Posted

As the old saying goes "You get what you pay for." There are many questions that you need to be asking in order to properly create a full and valid Trust - many of these questions you may not even know you need to be asking. The long term effect of a properly drafted Living Trust far outweighs the immediate cost of creating such an important document.

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Posted

Consequences? You want to know about consequences? Why don't you review the questions on this site from people who decided to save a few bucks and do it themselves.

DISCLAIMER: The forgoing comment is for general educational purposes only, and is not legal advice upon which the reader may rely as the commenter has no actual knowledge of the facts of the case, has not interviewed persons or examined evidence, and has not researched the applicable law. The comment is based only on the facts provided, which are extremely limited, and may or may not be true. Complete defenses may prevent the success of any claim. Competent legal advice should always be obtained before taking any legal action or filing suit. Readers employ any information provided herein at their own risk.

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James P. Frederick

James P. Frederick

Posted

Truth AND Consequences! ;-)

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