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How to Remove a Trust Protector from Your Will

A trust protector is a person granted the power to protect trust and is in charge of an estate, not to mention its assets. A trust protector’s job is to watch over and monitor the trust and make sure that no one takes advantage of a beneficiary. They oversee beneficiaries and make sure that they receive what’s been promised to them by a parent or guardian. If you have a will with a plan to disperse gifts or property to your loved ones, chances are you have appointed a trust protector. But what if you want to remove your trust protector? Read on to learn how to remove a trust protector from your will.

How to Remove a Trust Protector

Why would you want to remove your trust protector?

There are several reasons why you might want to remove your trust protector. For one, you may no longer be close with this person. Therefore, you would want to remove that person and add a new one to fulfill your final wishes by someone who knows you currently. In reality, people want to remove their trust protector because someone else in the family has more knowledge on how to handle household finances. Another common reason is if that person becomes incapacitated or deceased. In that case, they won’t be able to do their job.

But there are many other reasons why you would want to remove your trust protector. For instance, if it’s difficult for them to fulfill their duties because of distance, illness, or conflict with other family members. Another reason is if they’re not capable of handling the responsibilities required by the position. Or if they’re trying to take advantage of the assets entrusted to them.

If you’ve been considering removing your trust protector from your will for any reason at all, read on to learn how.

How do you remove your trust protector?

There are three ways to remove your trust protector. The first is for those who have a living trust and have named themselves the trustee, the person in charge of administering the trust. If you are your own trustee, then it’s easy to remove yourself as a trust protector by changing or removing your will or by changing the terms of your trust.

The second way to remove a trust protector is to revoke their status, either because they want to step down or they’re no longer competent enough to serve in this capacity. You can do this through an amendment to the trust document that removes their power under it. The third way is if they die before you do. In that case, you will need to update your trust and appoint a new trust protector. 

Steps to remove a trust protector

1) Determine if the person holding this position should be removed.

2) Gather all relevant paperwork, such as the will or trust agreement, and any other documents that may be relevant. 

3) Schedule a meeting with an experienced lawyer in wills and estate law.

4) Present your case to the lawyer, explaining what you believe needs to happen. The lawyer will then draw up papers for you to sign that will remove someone from their position as a trustee or protector of an estate.

5) Get two witnesses who are not beneficiaries of the estate to sign on to the papers as well. The witnesses will need to attest that they have read the documents and know what they are signing, and agree with its contents.

Who needs to know?

It is an excellent idea to let people know when you remove a trust protector from your will. You don’t want them to find out that someone else has been appointed and wonder why you didn’t tell them about it. If the trust protector is someone close to you, you should speak with them first and explain why you are removing them. 

Need More Help?

With the correct trust protector in place, you’ll be able to determine what happens to your assets when you die, protect your family’s inheritance, and ensure that your wishes are fulfilled.

To get in touch with a Pleasanton estate planning attorney, contact us at Lewman Law today by dialing (925) 447-1250.

Filed under Estate Planning Tips, Probate Tips

Looking for Probate Lawyers Near Me? 5 Tips

The death of a loved one is always difficult to handle. When planning for the funeral and probating the will, there are many decisions to make, which can be incredibly overwhelming when the deceased was your spouse or parent. However, you do not have to go through this process alone, and having proper legal representation is a tremendous weight to be lifted in this challenging time. If you are looking for probate lawyers near me, here are some things that you should consider before deciding who to hire.

5 Tips for Probate Lawyers Near Me

Find a lawyer with several years of experience in probate law 

It’s important to find a lawyer who has many years of experience in probate law. Many different legal issues can arise, and you need someone who knows what they’re doing. Ensure the lawyer you hire is qualified and has expertise in this area, not to mention several years of experience.

Make sure that the lawyer you’re considering has a good reputation

Just like any profession, you want to make sure that the lawyer you’re considering has a good reputation. You can do this by asking friends and family for recommendations or looking on reputable review sites like Yelp. Check out Google reviews, any social media pages, and the Better Business Bureau website for more insight. 

Consider how frequently the lawyer will be working on the case

Did the deceased leave behind a complicated will, or are you planning on taking care of most of the legal work? If this is your first time working with probate lawyers near you, it’s best to find someone who is willing to take on a case with periodic updates. 

Find out if their fees are negotiable

It is important to find out if the probate lawyer’s fees are negotiable. Most lawyers charge a flat fee for handling a will but they usually have a different fee for helping with probate. If you can’t afford a lawyer, you should consider looking for someone that offers a payment plan or negotiate their fees. You may want to start by asking them about any discounts or special programs they offer to help clients who can’t afford their services.

Ask about other services they offer

Not all probate lawyers are the same. Some offer a variety of services, including estate planning and tax preparation. So it’s important to ask about the full range of legal services they can provide. Probate law is complex, so make sure to find a lawyer who offers other services in addition to probates.

We Can Help

Working with an experienced inheritance lawyer has several essential benefits. A will can be especially frustrating if family disputes arise. But at Lewman Law, we’re here to help you every step of the way. We can take care of all the necessary documents and provide a free initial consultation. To speak with the Pleasanton estate attorney, contact us today at (925) 447-1250 or fill out an inquiry here.

Filed under Probate Tips

Qualities to Look for in a Dublin Probate Lawyer

When you need a probate lawyer to handle the execution of a will, it is essential to choose the right one. The wrong lawyer can cause you more problems than they solve or lead to unsatisfactory results. If you are in need of a probate lawyer, read below to learn what qualities you should look for.

Choose a lawyer who knows the area

A good probate lawyer should be familiar with Dublin’s probate laws and regulations and the surrounding area. The lawyer should also be well versed in the rules and regulations of your state.

Choose a lawyer with experience

Next, choose a lawyer with a good amount of experience. A lawyer who has practiced probate law for several years is more likely to know what to do in your specific situation than one who is just starting out. If you’re dealing with a complex will, you want an experienced probate lawyer on your side.

Find an affordable lawyer

You will also want to try and find a lawyer who can work within your budget. You don’t want to stretch yourself thin or go into debt hiring a probate lawyer. Most lawyers will work with your budget or be upfront about what you can afford to execute, so it always helps to bring this concern to the conversation initially.

Find someone who is willing to work closely with you

A good probate lawyer will work closely with you for the duration of the execution of the estate. You will need someone to be there for you when you have questions about any processes. This individual should be available by phone, email, text, or in-person for your convenience.

Get referrals for probate lawyers

If you know anyone with experience with a probate lawyer in the past, ask them for a referral. Talk to family members and friends who have been through the process of probating an estate. You have a good chance of finding a good lawyer when you ask around to the people you know.

Trust your intuition when choosing a lawyer.

Trust your intuition when choosing a lawyer. You know if something doesn’t seem right about an attorney as soon as you meet them. Listen to your intuition and go with your gut feeling on this one!

Ask them about their past cases and how they handled them.

Ensure their archives of past cases show happy clients before you hire them. Look online for reviews from previous clients or even ask their current clients what they think about the lawyer’s work ethic and knowledge level before hiring him or her.

Talk to a Dublin Probate Lawyer

Probate can seem like a complex ordeal, but an experienced lawyer can guide you through the process. At Lewman Law, we’re here for you each step of the way. We can take care of all the necessary paperwork and even provide a free initial consultation. To talk to a Dublin probate lawyer, please get in touch with us today by calling (925) 447-1250.

Filed under Estate Planning Tips, financial planning, Legal Services, Probate Tips

How to Choose the Right Probate Lawyer

Probate is the process of settling someone’s legal and financial affairs after they die. Probate is a complicated legal process, and there can be many pitfalls along the way without qualified representation.  A good probate lawyer ensures all necessary steps are taken and protects your rights and wishes. We’ve created this guide from a Tracy probate lawyer to help you find the right probate attorney for your needs.

Who needs a probate lawyer?

If you intend to leave assets to loved ones, you need a probate lawyer to help you organize. Whether you need help with your estate or have an issue that requires legal representation, a probate attorney will be able to provide relevant assistance.

Executors of an estate also need a probate lawyer. The executor is responsible for settling the deceased’s legal and financial affairs, including paying off any debts and distributing assets. The probate court decides who gets what in the event of having no written will in place.

A probate lawyer will guide you through the steps by providing advice on settling the deceased’s affairs. They also help you understand your rights and obligations so that everything goes smoothly.

What to look for in a probate lawyer

Make sure your lawyer is familiar with your family’s specific situation. If they don’t know what procedures you’re required to follow to transfer property, they won’t have any idea how to proceed with your case accordingly. 

Find a lawyer who has experience dealing with your particular situation and your family’s specific needs. Although it can be difficult narrowing down a list of lawyers based on this criterion alone, careful consideration will help you choose the right one for you.

There are many different types of probate lawyers, and they can represent your interests in various ways. They should be able to help you with the following:

– Settling a person’s legal and financial affairs

– Managing and distributing assets

– Securing benefits

– Making sure the will is accurately written

If you are in the midst of a probate process, it is essential to get qualified counsel. It can be challenging to find someone with experience in this area, so we’ve come up with five questions you should ask when interviewing them about their services:

1.         Who is your typical client? 

2.         What is your legal background, and how long have you practiced law? 

3.         Do you have experience with probate cases? 

4.         How will I pay my fees, and what would they be if I hire you? 

5.         Are there any other conditions that may apply in my situation and require consultation with another lawyer in your firm or outside?

Need a Tracy probate lawyer? We Can Help

Proper legal representation is necessary for probate, so please get in touch with a Tracy probate lawyer at Lewman Law. We’re happy to answer any questions that you may have about probate representation. Whether you already have a will and want to update it, or you’re just getting started, we can help! Contact us at Lewman Law today by dialing (925) 447-1250.

Filed under Probate Tips