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Greetings,

I was wanting to set up a revocable living trust for my Dad. (He currently has a will but that involves going to probate court). At any rate, Has anyone used legalzoom for this or would you recommend using an estate attorney in my area?

Thanks so much!

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How simple is the trust? Will it have one trustee, contain only straightforward assets? If so I say you could do it yourself.

However I have a few cautions. Laws vary by state and sites like legalzoom are not always perfect in keeping up with changes needed by state. ONE single word wrong in the trust creation process could make it invalid.

Do you have a complex set of assets such as rental properties, businesses, or large investment accounts? I wouldn't do it myself if the assets of the trust are complex.

Are there relatives being specifically written out of inheritance with this trust? Also a reason to not do it yourself...you want to make sure there are no loopholes.

Also, be sure that when you create the trust, that all the assets you want in the trust are properly transferred into the trust. Just creating the trust does nothing. You have to properly transfer the assets (titles, deeds, etc) into the name of the trust for it to work.

Angel
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Revocable trusts are not safe from Medicaid. PLEASE see an attorney and set up an irrevocable trust with someone who knows your state's rules.
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outdoorguy, I would recommend using an Elder Law Attorney to set up a Trust and other legal documents that tie in with the Trust.

To find an Elder Law Attorney in your area, go to the blue bar near the top of the page, on the far right you will see MONEY & LEGAL, click on that.... now you will see a drop down menu, click on ELDER LAW. There will be a box where you can type in your Dad's zip code, it will give you a list of Elder Law attorneys in his area.
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Thank you for your responses. The trust will have to transfer a home and some land into the beneficiaries' names. Also, there are some annuities involved. It may be best for me to spend the extra money on an elder law attorney.
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