how can i find out which lawyer prepared a trust

by Ulises Schulist 8 min read

  • Look at biographical information, including the lawyers’ own websites. Do they appear to have expertise in the area of trusts and estates? ...
  • Search the internet to learn more about prospective attorneys. Search using the name of the lawyer and his or her law firm. ...
  • Ask other people if they have heard of the attorneys and what they think about them.
  • Contact your state bar association or visit the bar association's Web site to find out if the lawyer is in good standing.
  • Is the lawyer certified as a specialist in your state? Not every state certifies specialists in trusts and estates, or estate planning, but if your state does, selecting a lawyer ...
  • Check the membership directory of local, state or national associations. Is the lawyer listed? One example would be the American College of Trust and Estate Counsel.
  • Read any relevant Yelp reviews.
  • Consider how lawyer's staff treats you when you call the office because they are a reflection of how the lawyer practices. ...
  • Unless there are special circumstances, you'll want to hire a lawyer with a local office.

How do I find a trust and estates attorney?

In any case, you will need to do a little research to find a trusts and estates attorney that is right for you. If you don't already have a list of prospective lawyers, a great place to start your search is right here at lawyers.com where you can search for a lawyer by location (city, state, or zip code) and practice area.

What should I look for when hiring a trust attorney?

Or, if you want to plan your estate but have a complicated financial situation, look for an attorney with lots of experience drafting trusts, ideally someone with a tax background as well. You may need to find someone who has knowledge or expertise in multiple areas.

What should I do if I Can’t Find my original trust documents?

If you’re unable to find your original documents, your best option is to find a new attorney and revise your estate plan. You can do a trust restatement in which it will be stated that the new terms of the trust supersede or replace any prior terms.

How do I get a copy of my living trust agreement?

In addition, your tax preparers and accountants should have copies of the trust agreement along with a copy of your will in their permanent files. Avoiding probate and keeping the terms of the living trust private are two big reasons why people choose to create them. So, you can’t go to a probate court to obtain a copy of the document.

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How do I find out who controls my trust?

Look in the property records section of the search results and see which person has a match for the property address you searched. If you find a match that means the person once owned the property and may know who the trustee is. Also look in the address history of each person to see who has lived at that address.

How do I look up a trust in California?

And you cannot go to any other California government office and ask to see the Trust. Trusts are private documents and they typically remain private even after someone dies. The only way to obtain a copy of the Trust is to demand a copy from the Trustee (or whoever has a copy of the documents, if not the Trustee).

Are trusts public record in California?

A trust is not a public record. So, the general public or anyone who is not a beneficiary does not have a right to know about the assets in your trust.

Does a trust have to be registered with the state?

Public trusts in India require to be registered with the respective state authority (if required). The following laws regulate trusts: Trusts Act, 1882.

How to find a will that hasn't been probated?

There is no simple way to find a will that hasn't been probated. If you have access to your father's papers, see if you can find anything with a reference to a lawyer or even an accountant. An accountant may know who your father's lawyer is. In any case, your father should have either the original will or a copy so check safe deposit boxes and file cabinets. If you can't find the will, an ad in the New York Law Journal...

How long does it take to file a will after death?

Generally, a Will must be filed in the probate court within 10 days after death - - - but this is often ignored until an estate is opened. It may be that your father had a trust and transferred all of his assets to his trust to avoid probate and to keep the knowledge of his assets private.

Can a father's wife be appointed as executor?

You have been given some good practical advice. Legally, I suggest that you file an administration proceeding to be appointed as administrator. Your father's wife will get notice and if she has a will that benefits her, she will come forward with it and ask to be named as Executor. You can also do a petition to compel the production of a will, but this is more costly and you do not have enough information. You should...

Kenneth W Miller Jr

In addition to all the other answers-you might google yellow pages for estate planning attorneys in the city where documents were prepared to see of any names ring a bell with you.

Joseph Franklin Pippen Jr

I agree with the previous attorneys, Mr. Miller and Mr. Frederick. I would add that if your trust included real property, such as your family home, then you may want to obtain a copy of the deed which shows the transfer of the real property into your trust.

Rosemary Jane Meagher-Leonard

Did you own any real property at the time that you created the trust (even if you do not own that property now)? If so, it is likely that the attorney prepared a deed transferring the property to the Trust.

Mary Lynn Symons

These documents are seldom part of the public record. Because you are alive, your Will has not been admitted to probate. It is possible you filed it with the court for safekeeping, but that is done pretty rarely.

What is legal group plan?

Employers or unions set up a fund to pay the employees’ legal fees, with the employee sometimes contributing a small co-payment. Legal group plans have become much more widespread in recent years. Some retail department stores and credit card companies even offer such plans to their customers.

Do legal aid offices have their own lawyers?

Some legal aid offices have their own staff lawyers, and others operate with volunteer lawyers. Note that people do not have a right to a free lawyer in civil legal matters. I have been accused of a crime, and I cannot afford a lawyer.

Courthouse Search

Go to the county courthouse in the county where the deceased person lived. Search the civil litigation, family law and criminal court records by party name to see whether any records contain the deceased person's name.

Notary Public Search

Get out all the signed legal documents that were found among the deceased's property and look for any signatures that were notarized. Go to the county assessor's office in the county where the deceased person owned real property and search for notarized deed records.

Interviews and Advertisements

Talk to friends and neighbors who knew the deceased well. Ask them if they know about events in the deceased's life that would have required legal representation, like an arrest or a lawsuit. Follow up on any leads.

Who can sign a trust certificate?

Generally speaking, only the Grantor (the Trust creator) can legally sign a Certificate of Trust. The only exception to this is if you have had a lawyer create the original Trust document. In this case, he or she may also sign the Trust Certificate.

What is a certificate of trust?

A Certification of Trust is a legal document that can be used to certify both the existence of a Trust, as well as to prove a Trustee’s legal authority to act. It’s shorter than the actual Trust document, and it can offer pertinent information without making every aspect of the Trust public. A Trust Certification gives a Trustee ...

Why is a living trust important?

A Living Trust is an important part of any Estate Plan. Trusts can be used for asset protection, tax benefits, to avoid probate and to set up loved ones for financial security in the future. But there's more than simply having a Trust - you also need to understand the Certificate of Trust.

Why do I need to update my trust certificate?

Another reason you may need to update your Trust Certificate is if the Trust will be buying and/or selling any property or real estate.

Is it smart to own a trust?

Owning a Trust can be a really smart move - especially if your goal is to protect your assets, your loved ones and your legacy. But don’t let all of the hard work you put into creating a solid Estate Plan fall flat because you didn’t do the little things that help everyone involved, like creating a Certificate of Trust.

Do you need to record a certificate of trust?

Does a Certificate of Trust need to be recorded? A Certificate of Trust may need to be recorded in the county that any real property is in . That said, if there’s no real property owned by the Trust, there may not be any need to record it.

Who is the appointed trustee?

The appointed Trustee is the legal owner of the title to the assets and property inside the Trust. As such, he or she has a legal responsibility to live up to what’s known as fiduciary duties to the beneficiaries. Acting in their best interest can mean many different things, depending on what the Trust itself defines.

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