Legal Question in Wills and Trusts in Nevada

How long should an attorney take to do a simple trust amendment to a trust? The attorney did the original trust for my Father & Mother in Law. My Father in Law has passed and now her son will now be on the trust account. My Mother in Law is in good health but 87. We saw the attorney in January 2013 and have called several times to get a date to come in together (we live out of state) but there is no response to several calls and emails to his office. The attorney is a trust/will/estate planning attorney in Nevada. HELP! Her estate is approximately only $400,000 total. He charged my Mother in Law $500 and she is very upset that he refuses to answer our calls and emails and feels like if something happens, she the family will be left to attend to her estate; which she doesnt wish. (The original trust that was done by this attorney was $1800). So...what is the prudent amount of time we should expect to wait to complete this amendment? Thanks! The Family

Asked on 6/12/13, 12:15 pm

1 Answer from Attorneys

Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

It is not at all unusual for a busy attorney to take a couple months to complete something as seemingly simple as a trust amendment. We can all get busy and be forced to prioritize our work. If he is tied up with active litigation or has some other pressing demands on his time that are keeping him from completing this task, perhaps you just need to impress upon him the urgency of the situation.

I would suggest your mother-in-law contact the lawyer's office (SHE is the client, after all) and explain that her health and advanced age are concerns. She can let them know that she is stressed about the possibility of her intent not being honored, and if they could PLEASE make her simple amendment a priority for delivery within a week or two, she would greatly appreciate it. She can express understanding about the office being busy and having to take things as they come, but she must be absolutely clear that she just wants her task done and is anxious about having to wait further.

In the meantime, if the estate plan was complete and competently done, her son may be able to handle asset management in her behalf via a Durable Power of Attorney that likely was part of the package. I am not sure what you mean by him being "on the trust account." If there are concerns about her mental capacity or other disability that makes this necessary, such should certainly be brought to the attorney's attention.

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Answered on 6/18/13, 5:23 pm

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