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Home >> Estate Planning Articles >> My Will and Trust are Complete, Do I Still Need an Attorney?

My Will and Trust are Complete, Do I Still Need an Attorney?

May 20, 2015 by Robert Kulas.

My Will and Trust are Complete,
Do I Still Need an Attorney?

 

Compliments of Our Law Firm,

Written By: The American Academy of Estate Planning Attorneys

 

Most people are under the impression that once they’ve created a Will or Trust they no longer require the expertise of an estate planning attorney. Even though you think the initial work is complete, there are many instances down the road when the services of a legal professional may be needed.

Periodic Review of Your Estate Plan

From time to time, especially after life changing events (divorce, marriage, children, etc.), you should review your estate plan. Even if you think your life changes might be minor, here are some of the many reasons to review your documents every two to four years:

  • Changes in relationships with loved ones
  • Changes in the size or make-up of your assets
  • Changes in the physical, mental, or emotional status of your loved ones
  • Different needs that should be addressed to protect your loved ones

Trustor Resignation

If the Trustor (the person who creates a Trust) is serving as Trustee of the Trust and wants to resign, an attorney’s services may be needed.

A resignation must be prepared and signed, and the successor Trustee needs to qualify to serve. Additionally, questions about accounting, including the transfer and value of assets, must be addressed and resolved. To ensure continuity in the administration it is best for the successor trustee to start on the right foot, which includes the guidance of a qualified attorney.

Incapacitation

What would happen if the Trustor and/or Trustee becomes physically or mentally incapacitated? This leads to a variety of questions and concerns, all of which can be addressed by an estate planning attorney. Once thoroughly discussed, it is necessary to qualify the Successor Trustee to carry out the terms of the Trust. That person will need help from the onset, along with periodic consultations about Trust related matters, if needed.

Death of a Trustee

Upon the death of a Trustee, it is once again necessary to require the services of an estate planning attorney. This can bring forth a variety of complications, not to mention the heartache of possibly losing another love one. There are many technical questions that arise. Are there death tax returns that need prepared? Are there accounting concerns to address? Will the Trust be terminated? How does the Successor Trustee take control of the assets? These are just a few of the many questions that will come to light upon the death of a Trustee.

Once your Will and Trust are complete, it is easy to believe the guidance of an estate planning attorney will no longer be needed. As explained in this article, this is not typically true. It is important that you rely on the expertise of an estate planning attorney to create the appropriate documents, and to handle administrative effectively as life presents changes.

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We began our estate plan process in 2004 (12 years ago) and have been pleased with the periodic reviews we have gone through and when changes have been needed the firm has been thorough and professional in making those changes.

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August 25, 2020
    

I have known Robert Kulas for 20 years since I was co-executor for friends who had Mr. Kulas prepare a Trust for them. When I felt I needed a trust also, I came to him. I have always been completed satisfied with his work and that of his charming, competent staff.

~Joan C
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August 25, 2020
    

Mr. Kulas and his staff have been extremely helpful & knowledgeable for the over 3 years we have been associated. They are easy to talk to and explain everything without feeling rushed. Very competent and professional.

~Mildred W
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August 25, 2020
    

I have worked with Mr. Kulas & staff before. And they are very professional. I am very satisfied with Mr. Kulas and his staff and give them the highest satisfaction and 5 star rating.

~Leo C
Client Review
August 25, 2020
    

Robert Kulas and staff made making a will an easy to understand process. They were very knowledgeable and attentive to my wishes. All my documents were provided in an organized binder which will be a great asset to my family. I would definitely recommend them.

~Krissy L
Client Review
August 25, 2020
    

Everyone treated us extremely well.  Robert explained how a trust works and the benefits of having one.  We decided to move forward and complete the process.  He was very kind and knowledgeable.  Julie was also very helpful and very patient with our questions.  We felt very comfortable with this firm handling our affairs.  We would highly recommend this firm to our friends and family.

~Janice M
Client Review
August 25, 2020
    

"Everyone treated us extremely well.  Robert explained how a trust works and the benefits of having one.  We decided to move forward and complete the process.  He was very kind and knowledgeable.  Julie was also very helpful and very patient with our questions.  We felt very comfortable with this firm handling our affairs.  We would highly recommend this firm to our friends and family."

Janice M
Client Review
August 25, 2020
    

Robert Kulas and staff made making a will an easy to understand process. They were very knowledgeable and attentive to my wishes. All my documents were provided in an organized binder which will be a great asset to my family. I would definitely recommend them.

Krissy L.
Client Review
August 25, 2020
    

I have worked with Mr. Kulas & staff before. And they are very professional. I am very satisfied with Mr. Kulas and his staff and give them the highest satisfaction and 5 star rating.

Leo C.
Client Review
August 25, 2020
    

Mr. Kulas and his staff have been extremely helpful & knowledgeable for the over 3 years we have been associated. They are easy to talk to and explain everything without feeling rushed. Very competent and professional.

Mildred W.
Client Review
August 25, 2020
    

I have known Robert Kulas for 20 years since I was co-executor for friends who had Mr. Kulas prepare a Trust for them. When I felt I needed a trust also, I came to him. I have always been completed satisfied with his work and that of his charming, competent staff.

Joan C.
Client Review
August 25, 2020
    

We began our estate plan process in 2004 (12 years ago) and have been pleased with the periodic reviews we have gone through and when changes have been needed the firm has been thorough and professional in making those changes.

L.G.K.
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