# Questions regarding lawyer selection (estate and trust). **URL:** \ **Category:** In My Humble Opinion\ **Created:** [May 21, 2007, 9:51pm UTC](https://boards.straightdope.com/t/questions-regarding-lawyer-selection-estate-and-trust/404990 "2007-05-21T21:51:05Z")\ **Posts on this page:** 6\ **Page:** 1
**Author:** ![JohnT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnt/32/15048_2.png) [@JohnT](https://boards.straightdope.com/u/JohnT)\ **Post date:** [May 21, 2007, 9:51pm UTC](https://boards.straightdope.com/t/questions-regarding-lawyer-selection-estate-and-trust/404990/1 "2007-05-21T21:51:05Z")
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: 1. 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? 2. 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. ---
**Author:** ![Caffeine.addict](https://avatars.discourse-cdn.com/v4/letter/c/f475e1/32.png) [@Caffeine.addict](https://boards.straightdope.com/u/Caffeine.addict)\ **Post date:** [May 21, 2007, 11:51pm UTC](https://boards.straightdope.com/t/questions-regarding-lawyer-selection-estate-and-trust/404990/2 "2007-05-21T23:51:29Z")
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. All disclaimers apply, see a lawyer. ---
**Author:** ![Rigamarole](https://avatars.discourse-cdn.com/v4/letter/r/77aa72/32.png) [@Rigamarole](https://boards.straightdope.com/u/Rigamarole)\ **Post date:** [May 22, 2007, 6:23am UTC](https://boards.straightdope.com/t/questions-regarding-lawyer-selection-estate-and-trust/404990/3 "2007-05-22T06:23:48Z")
[QUOTE=Caffeine.addict] All disclaimers apply, see a lawyer. [/QUOTE] Wait, but he’s asking how to choose a lawyer! Isn’t that a catch 22? He needs to see a lawyer to find out how to choose a lawyer? _head asplodes_ ---
**Author:** ![JohnT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnt/32/15048_2.png) [@JohnT](https://boards.straightdope.com/u/JohnT)\ **Post date:** [May 22, 2007, 1:17pm UTC](https://boards.straightdope.com/t/questions-regarding-lawyer-selection-estate-and-trust/404990/4 "2007-05-22T13:17:57Z")
[QUOTE=Caffeine.addict] 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. All disclaimers apply, see a lawyer. [/QUOTE] 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 😉 ). Appreciate it! ---
**Author:** ![Caffeine.addict](https://avatars.discourse-cdn.com/v4/letter/c/f475e1/32.png) [@Caffeine.addict](https://boards.straightdope.com/u/Caffeine.addict)\ **Post date:** [May 22, 2007, 2:40pm UTC](https://boards.straightdope.com/t/questions-regarding-lawyer-selection-estate-and-trust/404990/5 "2007-05-22T14:40:49Z")
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. Good Luck. ---
**Author:** ![JohnT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnt/32/15048_2.png) [@JohnT](https://boards.straightdope.com/u/JohnT)\ **Post date:** [May 22, 2007, 3:41pm UTC](https://boards.straightdope.com/t/questions-regarding-lawyer-selection-estate-and-trust/404990/6 "2007-05-22T15:41:17Z")
Nice thing about Florida… there’s no shortage of lawyers with expertise in this area. 😉 Again, thanks for confirming what I already suspected. And be nice to your handlers! 😉