Can you set up a living trust for a parent without an attorney?

Asked by SharonB  |  Sep 3, 2010

If so, then how would you go about it?

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Ralph Robbins, Sep 7, 2010

Ralph S. Robbins, CFP© is a fully licensed Certified Financial Planning Practitioner specializing in Eldercare Financial Planning. He works everyday helping families in crisis find creative ways to fund long-term care expenses and deal with family financial issues.

 

Yes you can. However your parents will still have to be competent to do so. If they are, then you can use one of the legal form websites such as LegalZoom.
Be aware that information on these sites may not be as complete as you would like. I had a client who had prepared a Power of Attorney on LegalZoom and the document was pretty much ok but they did not tell him that the document had to be notarized. This obviously caused him some problems.
Your parents really should have all of the following documents if they are establishing a living trust:
1. The living trust document
2. Pour over will
3. Springing or Durable Powers of Attorney
4. Health Care Surrogate (aka Medical Power of Attorney)
5. Living Will
Here in Florida we can easily find attorneys who will prepare all of the above for about $600 for a couple. At that price it makes no sense to it one's self. Perhaps the situation is similar where you live...

 
 

hapfra

Give a Hug

Sep 7, 2010

There is much about this online: Keep in mind the riles and regs can differ from state to state--This is what I founf for you~


Investigate types of trusts. A "living trust" is one in which assets are used and controlled by you during your lifetime and are distributed when you die as directed by the trust. The probate process is avoided for assets put into the trust.

2
Unlike a living trust, a "testamentary trust" takes effect when you die. It is usually tied to a will and can help eliminate or reduce estate taxes for your beneficiaries. A testamentary trust does not avoid probate.

3
Set up the trust once you have determined the type you need. Determine who you want as your trustee (the person responsible for ensuring that the terms of the trust agreement are carried out).

4
Consult with your bank, attorney or certified financial adviser.

5
Obtain the appropriate documents from your adviser (or purchase a software program to assist you) and complete them to set up the trust.

6
Fund a living trust. Identify which assets to include in your living trust. These are the assets over which you have control and wish to control during your lifetime.

7
Change the titles of these assets; you'll be putting them in the name of your trust.

Read more: How to Set Up a Trust | eHow.com http://www.ehow.com/how_2820_set-trust.html#ixzz0ysKZxbqK

Bsst~

Hap

 
 

sfhappygal

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Sep 7, 2010

I'm in San Francisco and need an atty. for a simple will. Suggestions?

 
 

sfhappygal

Give a Hug

Sep 7, 2010

Thanks...do you anyone special?

 
 

susanT8403

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Sep 8, 2010

I will tell u this, I just went through the same thing, but there is so muchred tape and legal stuff I didnt know, and it got so confusing I had to get a lawyer to do it for me, also the range of my mothers accounts were so much and scattered, it was almost impossible..........we were really trying to do all this to get mom medicaid ready! Alot of detailed work and really should know someone to guide you through this process, as I had noone, that was that knowledgeable about the law to help, you could try legal aide though, that would be my first choice if u are trying to to this easily without any missed mistakes that were made by accident, wrong t not crossed or i not dotted can screw everything up.............if u need to ask more my wall is susant8403

 
 

N1K2R3

Give a Hug

Sep 9, 2010

To set up a reversible living trust, you do need a bank officer who works for the bank in which the trust is contained. No lawyer needed.
Ask a fiancial planner or a lawyer about living trusts in general/also about annuities.

 

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