Do You Need an Attorney for Making a Living Trust?

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An attorney is necessary for almost all dealings and trust (private or public) documentation. Meanwhile, a living trust is what you call a legal entity that owns the property a person transfers into it during his lifetime. After that person’s death, the trust is divided among the beneficiaries. Suppose in Los Angeles, Ca, the trust sales/distribution of private or public trust happens; a legal expert must be present in that situation.

There is always a fee for trust document creation and related services in the city. Also, if the trust instrument contains rules for obtaining a trustee’s fee, specific stipulations should be observed, according to California Probate Code 15680.  A trustee is also entitled to “appropriate compensation under the circumstances,” according to California Probate Code 15681.

This type of trust is created with a trust document or instrument. An individual may be able to develop this themself; however, an attorney can do it better and more professionally.

So the article will discuss the possibility of your power and efficiency in creating a living trust and when you should consider hiring a professional attorney for the job. 

The trustee’s fee is determined by numerous variables, including the trustee’s right to a yearly charge of 1% of the total trust estate (this is the average fee in the city). And if in Los Angeles, Ca, the trust sales/distribution is taking place; an attorney must be present. As an example, a trustee managing a $2 million estate could be paid $20,000 per year.

Can a Person Make His Living Trust?

You can do anything you want with your trust; even if your trust is for sales, no one can stop you.

So to make your trust, follow the below-given points:

Check the State Laws for Trust Requirements.

Several states have different laws regarding this issue, so be aware of that.

Type the Document

A handwritten document is still accepted after self-attestation, and you can execute it. A typed document will be more legible, and it is the best way to make it.

Keep It Simple

The vocabulary and overall content in the trust document must be clear and simple.

Transfer Ownership

When you finish the document, transfer the ownership of your assets to the trust for it to take effect. Also, never skip this step, and if you do, the trust has no effect at all.

When Should You Hire an Attorney?

There are several reasons one must hire a good attorney to help them with the trust documents. they are:

  • When your trust includes some conditions.
  • The individual is not sure what to write in the trust and what to put in their will.
  • You will owe estate tax.
  • You’re skipping generations in your bequest.
  • One or more of your beneficiaries comes under the special needs category or is receiving government assistance.
  • The individual has a large amount of life insurance.
  • You need help transferring assets.

In the cases mentioned above, you must have an attorney by your side. And when you hire a great attorney for yourself, they will take care of the legal and paperwork, and you can relax and take care of the remaining. Meanwhile, although you can do some of the legal documentation yourself, there will always be a difference in the quality and clarity of the written statements. Hence, hiring an attorney is the best way to do it.

So, hire a reputed attorney for the job and relax your way through the process.

About author
The author, Dr. David K Simson is a trained radiation oncologist specializing in advanced radiation techniques such as intensity-modulated radiotherapy (IMRT), image-guided radiotherapy (IGRT), volumetric modulated arc therapy (VMAT) / Rapid Arc, stereotactic body radiotherapy (SBRT), stereotactic radiotherapy (SRT), stereotactic radiosurgery (SRS). He is also experienced in interstitial, intracavitary, and intraluminal brachytherapy.