Why use a trust rather than a will?

Why use a trust rather than a will?

It is possible to use either a “will” or a “trust” to direct property into the right hands following your death.  While wills accomplish little more than that limited goal...

Can I safely tell my lawyer things that I don’t want my family to know?

Can I safely tell my lawyer things that I don’t want my family to know?

Every lawyer generally has a duty of confidentiality, which prohibits the unauthorized disclosure of confidential client information.  There are exceptions, however, such as when disclosure is necessary to prevent the client from committing a fraud that would...

What happens if a parent dies without updating his will or trust to reflect the arrival of a new child?

What happens if a parent dies without updating his will or trust to reflect the arrival of a new child?

The only correct short answer is, “It depends.”  First, it depends on the wording of the deceased parent’s will or trust.  Many such documents specifically provide for after-born children, but many others do not.  Second, it depends on applicable law.  Every state has a statute that is intended to protect the interests of...

What would happen to my property if I died without a will?

What would happen to my property if I died without a will?

Many people die without having designated in a will who should take their property, but that does not necessarily mean that their goals are not accomplished. So-called “will-substitutes” sometimes do the work of a will. The most common will-substitutes are...

When does it make sense to ask a bank to serve as trustee or co-trustee of a family trust?

When does it make sense to ask a bank to serve as trustee or co-trustee of a family trust?

When does it make sense to ask a bank to serve as trustee or co-trustee of a family trust? The term family trust could refer to any trust whose intended beneficiaries are family members of the person who sets up the trust.  That person is usually called the “settlor,” but the words grantor and trustor are also sometimes used.