Lawyer for will etc.?

Major · 10-07-2022, 08:58 AM

This thread is very timely. I am assisting an executor in probating a will of a close family member. As a former JAG, I drafted hundreds of wills for soldiers who were deploying. (Simple wills for simple soldiers.) So I know a little about this area of the law. With this particular will there is a fair amount of confusion about specific bequests and how they are funded. Frankly, this section of the will was poorly drafted. We know what the Testator's intent was, so we are proceeding with that understanding. However, if we had a beneficiary who wanted to kick up a stink, we'd be in serious trouble.

The person who wrote the will is a local attorney with a very good reputation. However, the attorney is a traditional country attorney who, in addition to estate planning, also claims to be proficient in real estate, corporate law and tax. When you choose an estate planning attorney, select an attorney who ONLY does estate planning. They most likely will have more touches and be more up-to-date with recent changes in the law.

Good luck!

Sue Doe-Nym · 10-07-2022, 09:47 AM

You might not want to say, but I hope your country lawyer isn’t Susanne Chisholm, because she is in the process of doing a trust for us.

Major · 10-07-2022, 10:19 AM

Quote:

Originally Posted by Sue Doe-Nym

You might not want to say, but I hope your country lawyer isn’t Susanne Chisholm, because she is in the process of doing a trust for us.

No it isn't. You are in the clear! Also, I think all Susanne does is estate planning and probate work.

I truly do have respect for the attorney who drafted our family member's will. Maybe he had a bad day, we all have them. But I know the attorney does not work exclusively in estate planning, so I think that can be a big issue.

TheProfessor · 10-08-2022, 01:53 PM

Quote:

Originally Posted by Major

When you choose an estate planning attorney, select an attorney who ONLY does estate planning. They most likely will have more touches and be more up-to-date with recent changes in the law.

Excellent point. That many should comprehend.

Did a simple will with Will software that came free with Quicken. Done.
OR
Maybe now go to a specialist as stated above.

What about trusts? What about taxes?

Sadly, I have viewed more than a few lake front properties being sold after the original owner/parents passed. The intent was for all to enjoy the lake.
Spouses and money promptly become an issue.
Other lawyers involved.

Disharmony in previously nice families.

10-07-2022, 08:58 AM	#1
Major Senior Member Join Date: May 2013 Location: Laconia Posts: 1,093 Thanks: 449 Thanked 1,024 Times in 429 Posts	A nickel's worth of free advice This thread is very timely. I am assisting an executor in probating a will of a close family member. As a former JAG, I drafted hundreds of wills for soldiers who were deploying. (Simple wills for simple soldiers.) So I know a little about this area of the law. With this particular will there is a fair amount of confusion about specific bequests and how they are funded. Frankly, this section of the will was poorly drafted. We know what the Testator's intent was, so we are proceeding with that understanding. However, if we had a beneficiary who wanted to kick up a stink, we'd be in serious trouble. The person who wrote the will is a local attorney with a very good reputation. However, the attorney is a traditional country attorney who, in addition to estate planning, also claims to be proficient in real estate, corporate law and tax. When you choose an estate planning attorney, select an attorney who ONLY does estate planning. They most likely will have more touches and be more up-to-date with recent changes in the law. Good luck!

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The Following 4 Users Say Thank You to Major For This Useful Post:
joey2665 (10-07-2022), Sue Doe-Nym (10-07-2022), tummyman (10-08-2022), Waterbaby (10-11-2022)

10-07-2022, 09:47 AM	#2
Sue Doe-Nym Senior Member Join Date: Jul 2009 Posts: 1,457 Thanks: 762 Thanked 795 Times in 418 Posts	You might not want to say, but I hope your country lawyer isn’t Susanne Chisholm, because she is in the process of doing a trust for us.

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