His son I think took over his business, he has the same last name.
What Happens if the Attorney Holding your Will dies or retires?
Your wills are still valid, but they won't do your children much good unless they can find the originals. A photocopy of a will can be probated, but someone could contest the will by claiming that the original was revoked instead of just being lost.
- What Happens if the Attorney Holding your Will dies or retires
- The Trustee's Job: The First Six Months - Nolo
- How to Tell If a Will Was Revoked or Replaced - AllLaw
What Happens if the Attorney Who Made Your Trust Dies or Retires?
Losing an attorney who created your trust can be worrying, but the good news is that in most cases, the trust is still valid. Even if the attorney who created your trust has passed away, the trust is likely to remain legally binding as long as it was executed properly. However, it is still recommended that you have the trust reviewed by another estate planning attorney to ensure that it meets all current legal requirements.
If you want to update your trust or make changes to your estate plan, it's best to consult with a new estate planning attorney. This is especially important if the original attorney who created your trust has retired or passed away. The attorney's successor may not have the same level of experience, skills, or knowledge as the original attorney, and you want to make sure that your estate plan is in good hands. You can use websites like Explore Lawyers to compare lawyers in your area and find the best lawyers who specialize in trusts and estate planning.
Attorney Fees and Costs for Estate Planning
The cost of hiring an estate planning attorney can vary widely depending on the type of law firm, the attorney's level of experience, and your location. Some attorneys charge an hourly rate, while others charge a flat fee for certain services. Here's a table of the average fees and costs associated with various issues and services in the California area:
| Service | Fee |
|---|---|
| Trust creation | $1,500 - $3,000 |
| Trust administration | $2,000 - $5,000 |
| Will creation | $500 - $1,500 |
| Probate administration | 4% of estate value |
| Power of attorney | $150 - $500 |
Related Authorities
If you want to learn more about estate planning or find an estate planning attorney in your area, you can check out the following links:
Positives and Negatives
Positives:
- The trust is still valid even if the attorney who created it has passed away.
- You can update your estate plan by consulting with a new estate planning attorney.
Negatives:
- The attorney's successor may not have the same level of experience or knowledge as the original attorney.
Legal Disclaimer
This response is for general informational purposes only and should not be taken as legal advice. This response does not create an attorney-client relationship.
Review Summary
In summary, the trust created by an attorney who has passed away is still valid, but it's recommended that you have it reviewed by a new estate planning attorney. To update your estate plan or make changes, it's best to consult with a new attorney. The cost of hiring an estate planning attorney can vary, but you can use Explore Lawyers to compare lawyers in your area and find the best one for your needs.
It's a simple question. Do I need to update my trust or is it still valid?