I have paid my lawyer her flat fee to prepare a living trust but I changed my mind and decided to go with a will instead. Now she is charging me additional for the will. Since I already paid for it aren't I entitled to the completed Living trust document even though I don't want it filed? I don't want to pay her high fee for nothing!
Yes you should get a copy of the trust if you paid for it.
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The answer depends on your agreement with the attorney. You should have a written fee agreement. If you paid for the trust document, you should receive the trust document. Why did you change your mind? Why a will instead of a trust?
It depends on your agreement, but most likely you should get a copy of both if you ask. Many clients don't want extra paperwork lying around to confuse their family and beneficiaries. However, if you have changed your mind about what you want after she drafted the documents and she makes new different documents with other changes and refinements based on further discussion, it is unlikely the trust will be a finished usable document, so you wouldn't want to simply sign it at a later date thinking it will be appropriate. Lawyers, like other professions, are hesitant to give out incomplete work given the level of confusion it may cause.
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