Tag Archives for Will Attorney

First Successor Trustee of a Family Trust

Are you the 1st successor trustee on someone's family trust? When the trust is initiated, be sure you are aware and have a list of the investment assets the primary trustee owns. You should also be presented a full copy of the trust agreement.

On the date of death, go online and record the closing prices of any investments they may hold. Before you can act as successor trustee, you must obtain a death certificate. You can contact estate planning attorney in Orange County California for legal guidance.

This is of primary importance. The next step, generally performed by the trust attorney, is a letter to your county probate court, advising them of the death and that no probate will be necessary because the estate is in trust.

To give you the authority to sign the decedent's checks (pay bills, make deposits), you must present a death certificate accompanied with a copy of the trust agreement to the financial institution backing the checking account. The trust agreement gives you the right to handle the decedent's financial affairs and more.

You will now be responsible for arranging the funeral/memorial service of the descendant and paying the descendant's expenses.

You should also notify Social Security if the trustee was receiving social security income. However, the Social Security Administration has many other avenues to learn about the death; hospital, coroner, financial institution, funeral home.

Next, you will need to notify the companies in which the decedent has investments informing them that the primary trustee has passed and asking that they forward the paper work necessary to record you as the successor trustee.

Filing these forms/papers with your signature will give you the right to conduct business with the investment companies without any tax implications. The decedent's trust attorney should be handling this paperwork.

When this paperwork is handled properly, you will receive the death certificate back by way of postal mail. Receipt ensures that the trust company attorney has completed the task of putting you on all the investments of each particular company as "successor trustee". You are now authorized to conduct business on behalf of the decedent in respect to their investments.

Ways To Do A Will And Testament

A last will and testament is a legal statement by which a person can sort out what happens to their money, property, and possessions after their death. Below are some of the ways to do it:

A wills attorney – This is the legal specialist in the writing of a will. A will and trusts attorney can sort everything out for you so that you won't need to know anything about the subject. They can create a will for you that will satisfy all the legal requirements and can tailor your will and testament to suit your needs and circumstances. You can also consult Alexandria will attorney via http://speedwelllaw.com/alexandria-estate-planning-attorney/ to get more info about wills.

Wills online – These are websites that have online will writing software programs that typically involve inputting answers to a series of questions and then compiling your answers into will and testament ready for you to print off at the end of the process.

A will kit – These will have a will form or collection of will forms where you can fill in the blank spaces by hand. They usually have a set of instructions to help you in knowing what to write and where to write it. Some are in a computer format so that you don't have to fill them in by hand.

Will writing software – These are obviously computer programs. They work in a similar fashion to the online wills; you put in the data and the program makes out the will and testament for you. The difference here is that you buy and keep the will writing software program.