When my grandparents died they left my siblings and myself individual trusts, along with a co-trustee, my uncle.
Not wanting to get into details, I think it’s about time to go see a lawyer about some questions I have in regards to the trusts and how they’re being handled viz the instructions left by my grandparents. However, I don’t want to waste my time calling the wrong lawyer(s), so a couple of questions before I start dialing/googling:
In regards to estate issues, is it best to get a lawyer situated in the state that the will was probated (Florida)? Is it necessary?
In regards to trust issues… same thing. Do I need to retain a lawyer situated in the state where the will was probated… or is that irrelevant? (I don’t see how it could be irrelevant, but what I know about law is culled from the very best and sharpest minds writing for TV today. )
Btw, my uncle is in Nevada if that matters. My location is Tennessee.
Is this a testamentary trust or a living trust which become irrevocable upon the death of the settlors?
If it is a testamentary trust, then it is governed by where the will was probated absent a choice of law provision.
If it is a living trust that become irrevocable upon the death of the settlor of the trust, it should have a choice of law provision. Otherwise, it may be governed by the law of the jurisdiction where it was created. Most likely, it will be wherever your grandparents lived.
It’s a testamentary trust, with a choice of law provision (FL).
Going by your post, I need to choose a lawyer licensed to practice in FL. That’s what I thought, (and, of course, hoped to avoid - I like seeing to whom I’m talking ).
Yes, you need an attorney in Florida. It would be best to find someone who does work in trusts and estates. Try to find someone in the County where the will was probated as that is most likely the preferred location for venue. *
Go with a firm that has attorneys who also do litigation as if it comes to going to court, some people who solely specialize in trusts and estates are uncomfortable litigating.
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