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What does a Living Trust Attorney do?

By Christine Hudson
Updated: May 17, 2024
Views: 3,962
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A living trust is a legal agreement intended to ensure that a person's belongings and property are given out in the way he wishes after death. This trust is created when the person is alive, thus giving him more power over what will happen to his belongings. The trust may also prevent the high costs or probate after the trust generator, called a grantor, passes away. A living trust attorney is a lawyer who may be consulted to ensure a living trust is compliant with all applicable laws.

A living trust attorney can provide guidance on what legal limitations apply to a trust. These attorneys may also be able to create the trust so that others cannot protest its proceedings even after the grantor has passed away. Sometimes the heirs may attempt to protest provisions set in a will, especially if property is dispersed among those who are direct relatives. Even if there is no anticipated struggle against the terms, a trust may provide a way to allocate assets without the probate process and fees.

The use of a living trust attorney's services need not be reserved for the wealthy or elderly. Any person who has specific wishes for his property after he dies may consider such a trust. A living trust attorney may be able to help with decisions such as what type of trust to create and what the specifics may be. There are revocable living trusts in many areas, which may be changed or even destroyed if necessary.

A living trust attorney is specialized in his field, but normally attends school for general law degrees. Once an associate's degree or higher has been obtained in law, the attorney may then wish to specialize in wills and living trusts. For this, further training may be available locally, and many regions require an additional license or certificate before the attorney can actively assist clients. Constantly staying current with local and national laws is usually required, so ongoing training is common in this field.

As with most attorneys, the income for a living trust attorney is usually above average. Service fees and charges vary by region and attorney. If the living trust attorney works on his own, he has complete power over pricing. One who works within an office or partnership, however, may simply go off fees established by the board. Fees may also be dependent on each case, as those with special circumstances may merit higher costs.

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