Explore the significance of beneficiary input for private fiduciaries in trust administration. Learn how considering perspectives benefits both parties. Contact TRESP LAW, APC for a free consultation.
How to Choose an Estate Planning Attorney
The best way to choose your estate planning attorney begins with building a list of potential candidates. Factors of proximity, pricing, experience, age, and gender, as well as referrals from other attorneys or advisors, are considered. Once you feel all the potential candidates are listed, revisit each attorney on that list and research their accolades, past and current work experiences, whether they are members of a professional organization, along with their education. Certain achievements and awards cement an attorney’s credibility and reputation among their peers. Professional organization memberships reveal that the attorney cares to be advised of estate planning developments and techniques. These attorneys pay fees to be a part of these organizations. Researching an attorney’s schooling can give you insight on their education because some schools are known to produce better attorneys than others. For example, some schools require a higher GPA to get accepted. Your research should involve confirming their state bar registration status and reading their ratings and reviews. You want to make sure the attorney has authentic positive reviews and high ratings. This shows that the attorney values client relationships and their needs.
You may run into financial decisions when it comes to creating your estate plan. Although pricing is a factor to acknowledge, with an investment as important as estate planning, saving a few dollars now may cost you dearly in the future.
Our attorneys at Tresp Law, APC have the skills, legal knowledge, and experience to successfully execute your estate planning documents. We are dedicated to providing personal, responsive legal services to families and businesses throughout Southern California. Contact us today to meet with one of our exceptional attorneys.
What Can Happen When a Trust is Not Set Up Properly?
Proper trust drafting is critical to effectuate your planning goals. When a trust fails to meet the legal requirements of the state laws that govern the document, it fails. If your trust fails, your estate will go through probate, with significant cost and delay.
At a minimum, a trust should list trustees, lay out your distribution plan, and ensure your wishes are carried out after your passing. To avoid error, it is important to seek an attorney who will properly draft your documents.
Tresp Law, APC, has extensive experience with administration, trust drafting, and litigation. As an accomplished litigator, experienced trust administrator, and tax attorney with a Master of Laws in Taxation, Elizabeth A. Tresp, JD, LL.M. and her team are uniquely qualified to identify the best approach for your particular need.
What Happens if You Die Without Creating a Will or a Trust?
When one passes without an established will or trust, your state’s probate laws consider you to be “intestate,” which means your estate will be administered in accordance with the state’s laws of intestate succession. These laws determine who will inherit property from your estate using a predetermined formula decided by the legislature. Every state utilizes their own form of probate code and intestate succession laws to decide who should inherit your assets. The probate court oversees the entire process. Through intestate succession, your “heirs at law” who are typically children, siblings, or any other close relatives of the deceased, will receive the distributions of your estate.
Do you want to choose how your estate is distributed, or do you want the state to decide for you? Because if you do not have a will or trust set up, your assets will not be distributed according to your wishes. Talk to a knowledgeable attorney who can successfully draft your plan according to your preferences. You will put your loved ones at ease as you minimize the probate process and its expenses, delays, and loss of privacy. Contact Tresp Law, APC to build your estate plan today and start planning your future.