Legal Question in Wills and Trusts in Georgia
My father left a stipulation in his will that is estate be put in a trust for my mother. I have been told by oe lawyer that no other document is needed..the will is the trust. another lawyer has told me that the will is the foundation but I will need a testamentary trust document - which case is true? I am confused!
2 Answers from Attorneys
The question can't be answered without reading the will. If a lawyer properly drafted the will, the trust language should be in the will.
I agree. If your father's will was properly drafted, then a testamentary trust should have been set up for your mother. If your mother has Alzheimer's or dementia or some other debilitating condition, then maybe this was a special needs trust? However, if the will was not done right, then there is no trust. So a review of the will is crucial.
Did both of these lawyers have the opportunity to review the will? Are both of these trust lawyers? I don't like second-guessing lawyers especially if they have had the chance to review information that I have not. Its not fair to me or them. However, I would be leery of someone's advice if they are not a trust lawyer. You would not go to a brain surgeon for a heart problem. While they are both medical doctors, there are different kinds of doctors for different ailments. Likewise, there are different kinds of lawyers for different legal problems.
You would not go to a family lawyer or products liability lawyer or criminal lawyer for estate & trust advice.