What is a trust? Anytime legal terms start to be used, it is easy to get confused, especially with words that have other meanings in our day to day conversations. In this instance, a trust is a legal entity, similar to a corporation, which can own assets like bank accounts and real estate.
The answer is NO. When a person dies leaving a Will and/or Trust, the nominated Personal Representative or Successor Trustee is not obligated to use the attorney who prepared the documents to administer the estate and/or trust.
For many, the New Year comes with New Year’s resolutions. If you have not completed your estate planning, or have not updated your planning in some time, doing so would be a good resolution to have. You might be surprised to know, estate planning does not simply mean having a plan for what happens in the case of your death.
When you own and operate a business, your Buy-Sell Agreement is probably the last thing on your mind. It’s something your business attorney drafted years ago and most likely you have not thought about it since. Or, maybe you don’t have one at all! Just like your personal estate planning, having an estate plan for your business is very important.
The law firm answer…..it depends. Did mom leave written signed instructions? If she did, her personal property will be distributed according to her wishes. But if she did not let her wishes be known in a comprehensive estate plan, there could be dissention among the heirs.
Creating a thorough and detailed estate plan, you can help ensure your family members — both human and nonhuman — are taken care of long after you are gone.
If you have a family member with special needs, you will need to rely on some unique estate planning mechanisms to ensure they are well taken care of should something happen to you.