What are some questions to ask a lawyer when considering a living trust?


Quick Answer

Some of the questions to ask a lawyer when considering a living trust involve caring for surviving children, management of affairs in the event of a disability or mental incapacity and the issue of the terms of the trust being contested. Provisions regarding survivors who are minor children are important considerations when planning a living trust, as noted by the Estate and Business Law Group website. Questions concerning how children can be best taken care of in the event of an untimely death and how their care will be funded represent some of the most critical issues to be discussed with an estate planning lawyer.

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What are some questions to ask a lawyer when considering a living trust?
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Full Answer

The issue of mental incapacity or disability represents an area that needs to be discussed and planned for carefully with an attorney when considering a living trust. Many estate planning attorney clients want to ensure that they will be cared for in their own homes in the event of becoming disabled or incapacitated. The living trust should contain provisions for setting up home healthcare and, if needed, alterations to the home to accommodate a disability, as advised on the Martindale-Hubbel website. The attorney should be questioned regarding the best way to ensure that the trust creator's wishes concerning home healthcare will not be overruled by family members who may disagree with the desired arrangements.

Although it is more difficult to contest the terms of a living trust than it is to contest a will, the question should be addressed. The laws regarding a living trust's incontestability can vary from state to state, and the attorney drafting the trust should be questioned regarding the issue, as recommended by trust attorneys writing for the legal guide Avvo.

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