When it comes to estate planning matters, there are different types of attorneys. It is important to work with the right kind of lawyer depending on what type of case you have. Below is a summary of the difference between a trust and probate attorney.
A trust attorney is one who is experienced in handling all matters related to trusts. It is important to note, however, that some trust attorneys only deal with drafting trust documents and/or the administration of trusts. While we handle these matters, we also can assist you with litigating a trust dispute. Trust litigation may involve invalidating a trust, removing a trustee or recovering lost or stolen trust assets. If you have been appointed to serve as the trustee of a trust, you need the advice and guidance of legal counsel to help ensure you fulfill your fiduciary obligations and to prevent you from incurring any personal liability. If you are the beneficiary of a trust and you believe the trustee is acting inappropriately, you need a lawyer who can help ensure the trust assets are protected and the trust is being properly administered.
A probate attorney handles all matters related to the probate of a Last Will and Testament. This type of lawyer can usually assist you with drafting a will and other estate planning documents. A probate lawyer assists a personal representative throughout each step of the probate process. This includes whether the deceased left a valid will and/or died intestate (without a will). Some of the matters a probate attorney can help with include giving notice to creditors of the estate, minimizing taxes, properly transferring assets to named beneficiaries, and defending any objections filed in the probate action. Whether you need a trust attorney or a probate attorney, The Legacy Lawyers stand ready to help. To set your appointment right away, please call us at: (714) 963-7543. You will not get the typical law firm feel from our office. We are different. Our systems are designed to save you time, to save you money, and to put you in control. We want to be your attorneys for life.