Search results

  1. K

    Do lawyers usually retain copies of estate planning documents?

    I wish you would elaborate. Absent that, I'm guessing ARAG only pays some fixed amount for the estate planning services, so you feel he probably just did the minimum required to fulfill his obligations.
  2. K

    Do lawyers usually retain copies of estate planning documents?

    Well, I guess then I'm wondering why ours did not scan our estate planning documents and retain a copy. A question I'll ask next time I speak with him.
  3. K

    Do lawyers usually retain copies of estate planning documents?

    Your last point about copies sometimes being admissible is really what I always had in the back of head. I've read responses to the question "what happens if the trust cannot be located?", and the common response is that a copy can sometimes be used (I assume it would take court proceeding and a...
  4. K

    Successor trustee access to checking account titled to revocable living trust

    Understanding aspects of the trust on my end isn't the issue (as least in regard to this issue). It's getting a straight answer from the bank as to whether or not they will let a successor trustee write a check after having proved that they are now a trustee (by providing the Certification of...
  5. K

    Do lawyers usually retain copies of estate planning documents?

    We don't have a contract (that I recall) with the lawyer. We are members of ARAG, which provides free and discounted legal services for an annual fee (something I signed up for through my employer). The will and trust were drawn up for free (well, paid for by ARAG). If I recall correctly, I...
  6. K

    Do lawyers usually retain copies of estate planning documents?

    Do lawyers usually retain copies of estate planning documents (will, trust, power of attorney, etc.)? Ours did not. After we were done signing everything, he handed us the giant binder with all the documents. I asked if he would be keeping a copy on file, and it kind of surprised me when he said...
  7. K

    Successor trustee access to checking account titled to revocable living trust

    This is from the Certification of Trust. I don't see this spelled out quite so clearly in the trust itself, but that could be because as mentioned below it is already covered by California Probate Code: This hasn't really answered the question as to whether or not the successor trustees...
  8. K

    Successor trustee access to checking account titled to revocable living trust

    Unfortunately after typing this up I realized my question became very long winded. So let me first state the basic question, and then details afterwards: When successor trustees of a revocable living trust become the trustees, can they (after providing required documentation to the bank) write...
  9. K

    Distinction between "or" and "and" when funding a revocable living trust

    I got some answers from my lawyer. Regarding the trust referring to "the trustees" and the certification referring to "the trustee", he said they are interchangeable, and I also found the following in the trust: Regarding the ability for a trustee to act individually, he pointed me to the...
  10. K

    Distinction between "or" and "and" when funding a revocable living trust

    What's interesting is that in section 7.11 of the trust and the sections that come after it (which all discuss the trustees power), it always references "The trustee", but when the Certificate of Trust restates the section 7 powers, it always says "The trustees".
  11. K

    Distinction between "or" and "and" when funding a revocable living trust

    Yes, I will speak to my lawyer about this since regardless of what I learn here, I don't believe I'll be confident in the proper wording for titling the bonds to the trust (the original "and" vs "or" question). ...but still want to learn what more I can here first. I did find the following in...
  12. K

    Distinction between "or" and "and" when funding a revocable living trust

    I used a lawyer. I will likely eventually take this question back to him, but find it useful to learn what I can first before asking him questions.
  13. K

    Distinction between "or" and "and" when funding a revocable living trust

    I'd rather not get into trust rewriting just to solve this I-Bond issue. It's not that large of a sum of money (wouldn't trigger probate), and I can instead specify a POD beneficiary. When you say "there is at least one flaw", were you just suggesting in respect to using this trust for I-Bond...
  14. K

    Distinction between "or" and "and" when funding a revocable living trust

    My wife and I have a revocable living trusts. At the time we got it, instructions for titling accounts and property said to use the following wording: JOHN DOE AND JANE DOE, trustees of the DOE REVOCABLE TRUST DATED OCTOBER 14, 2021 I'm about to buy some I-Bonds on treasurydirect.gov. It looks...
  15. K

    Finance, Investments Is it possible to keep a physical stock certificate and also have it registered in electronic form

    After initially posting the question and getting a couple of replies yesterday, it occurred to me to ask Apple Investor Relations. I've done that. Waiting for their response now.
  16. K

    Finance, Investments Is it possible to keep a physical stock certificate and also have it registered in electronic form

    My wife owns a very old stock certificate for Apple. It's very cool looking with a picture of an old Apple II and also the old rainbow Apple logo. She also owns a large number of shares in electronic form due to various splits. Certificates were never issued for them. They were issued directly...
  17. K

    Titling accounts to the trust and specifying the trust as beneficiary

    I did plan on asking him, and have some other questions for him too, but first just wanted to better educate myself on the matter. As for him being someone I trust, I don't know him well. I just hired him to do our estate plan and he has good online reviews. However, in working with him I find...
  18. K

    Titling accounts to the trust and specifying the trust as beneficiary

    Ah! Thank you. So trusts can't actually hold legal title but the trustees can, but for the benefit of the trust beneficiaries. That was the lightbulb moment I needed. It all makes sense now. :)
  19. K

    Titling accounts to the trust and specifying the trust as beneficiary

    But what is implied by that distinction? That the assets must be managed according to the trust's instructions? And why not just title to the trust itself? I don't understand why the trustees have to be mentioned.
  20. K

    Titling accounts to the trust and specifying the trust as beneficiary

    Hi. My wife and I just had our trust drawn up, so now we are working on funding. Our lawyer gave us pretty clear instructions, but in some cases the wording just seems a bit odd to me. I'm not doubting it's correct, but I'm the type of person that wants to understand "why" as much as I want to...
Back
Top