Lawyers and Trusts
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Robert J. Bruss has overstepped his subject matter in his article “A Living Trust Will Help You To Avoid Probate” (July 23).
He states that “Many lawyers hate living trusts because then the attorney can’t collect probate fees.” This implies that many of those professionals who are necessary to implement the assistance may not do so. In terms of discrediting the legal profession, Bruss might just as well have said that “many lawyers hate clients in good health because it delays the collection of probate fees.”
A lawyer must do what is most beneficial for the client and must find satisfaction in that endeavor. Being a lawyer, Bruss should know that in cases where a living trust would be most beneficial, lawyers have the additional task of overcoming the client’s resistance or hesitancy due to the cost of the trust documents (in addition to the cost of the will, which is still necessary) and to the time and effort required of the client to promptly “fund” the trust by transferring all of his or her assets into the trust in order to avoid probate.
LEONARD KOLOD
Los Angeles
Kolod is a lawyer.
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