I am seeking your advice...........

R

Robb.hisself

Member
My mom had a lawyer that wrote her living trust. At her death he handled it well. I have gone to him for my living trust. He has produced a document much like my mom's full of legal-ease. But, I want something different with very specific and clear meaning prose. But, he won't write that sort of trust. Should I simply take what he gives me and trust him based on past experience or should I seek out someone who will write a trust that I am more comfortable with? How do you judge the professionals you choose to rely on in your life?
 
Maybe you can find examples of living trusts online. If the style suits you better, consider getting it redone. You don’t want any unclear clauses in a legal document, so maybe the first one is better.
 
MarciKS said:
Did he say why he wouldn't?
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He seems to be very 'married' to a draft he wrote for me. The draft seems filled with 'boiler-plate' referring to all sorts of possibilities or issues that don't apply to me. I have a hunch that the document is a standard one. Sort of like one size fits all. So he simply changes a few names and inserts a few simple sentences here and there, pushes a button, and it all prints out for him. He seems very comfortable with it. But, I am not.
 
Anyone I hire works for me so I get what I want, or I don't hire them.

Couple of things for you to consider.

Is there anyone who would dispute your estate directives?

Is the way you want to write it acceptable in a court?

If there's no fear of any disputes I think it can be a very simple document written how you want but within legal bounds. If there's a chance of dispute then best to have a trained professional write it so it passes all the legalities.

At the very least maybe consult with another attorney.
 
Robb.hisself said:
He seems to be very 'married' to a draft he wrote for me. The draft seems filled with 'boiler-plate' referring to all sorts of possibilities or issues that don't apply to me. I have a hunch that the document is a standard one. Sort of like one size fits all. So he simply changes a few names and inserts a few simple sentences here and there, pushes a button, and it all prints out for him. He seems very comfortable with it. But, I am not.
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Then I would call around and see if someone else can make one up to suit you.
 
I wrote my own living will, and had it notarized.

You’ve probably heard the expression “save it for a rainy day.” Just as you might prepare for unexpected expenses by setting aside some extra cash, you can also prepare for an unexpected illness or injury by outlining your healthcare wishes. This ensures that, even if you’re incapacitated and can’t communicate, you’ll receive the type of medical care you want. You can do this by creating a living will.

A living will is a legal document that lets you outline your healthcare preferences in case you’re ever unable to communicate them. This can include decisions about medical treatments, procedures, medications, and more. For example, if you were in a car accident and were unconscious, doctors would reference your living will to decide how to treat you.

So how do you go about creating this important legal document? We’ve outlined the steps below.

You can make one on this website. They say it is free. Possibly.

How to make a living will​

Write Your Legal Will Online, Free & Simple | FreeWill
 
At the risk of offending someone Lawyers are of two general types. Those who consider that they know what you want, don't listen and check the clock when they can call it a day. The other type listens and tries to meet your request. Key point here is they listen to you.
Unfortunately in today's world we have to be part lawyer, part doctor and part repairman.
If your not happy then take the issue to another lawyer. You pay them, they don't pay you.
There is no relationship in this. History doesn't matter. Give me what I want or I will go elsewhere.
Simple but hard if the relationship plays a part.
Just my opinion
rbtvgo
 
I agree, find another attorney. I think the one my stepfather used was good. He's nice. The paperwork is relatively standard I think. But he was willing to put personal things in there also.

Try word of mouth I guess. I found the attorney my stepfather went to (I went with him) by calling a former co-worker's ex husband's office. She said he was a good attorney. The nice receptionist said they were not doing wills and trusts at that time but suggested the lawyer we went to and it worked out.
 
You may want to consider getting the Nolo Quicken Willmaker and Trust software which is solid and reviewed by Nolo's expert attorneys and is customizable for your state. Don't download from anywhere though, as that can be glitchy. Just go into Walmart and buy it from there software isle at $129.00 and you can customize the living trust and will the way you want it.
 
What you called "legalese" is very specific wording that is accepted by the courts. Over and above the "boilerplate" you can customize any bequests you would like to make.
I had mine done by a lawyer and it was full of "legalese" but the banks and brokers accepted it without question.
 
Legalese and or boilerplate our just part of everyday legal work. Most matters are standard in nature and so the lawyer assumes this and proceeds. The problems begin when you disagree with the lawyers choice of direction.
Now you must understand that he or she may see this different then you do. "trust me", I have your best interest at heart" may be comforting but still leaves you with questions. Now we get into the relationship with your lawyer issue. Are they right? Do they know better then me? etc.
IF you are not satisfied, find another lawyer.
You go to a dentist for a problem, he does work, you still have pain. What do you do? endure? go back to the dentist? or go to someone else?

If your not happy go to someone else. You pay them for services, they don't pay you.
just my opinion
rbtvgo
 
bowmore said:
What you called "legalese" is very specific wording that is accepted by the courts. Over and above the "boilerplate" you can customize any bequests you would like to make.
I had mine done by a lawyer and it was full of "legalese" but the banks and brokers accepted it without question.
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Accepting it does not make it right. It's case book law that is willing to be accepted. They accepted it....great! Doesn't make it right.....just acceptable, reasonable and seems to fit the case. Nothing in law is concrete in interpretation, just acceptable for lack of more specific information. That's why law libraries are so big. Case law, previous solutions decide most cases. Not happy, find another lawyer.
just my opinion
rbtvgo
 
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