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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 35816
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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I HAVE A TRUST AND WILL DRAWN A FEW YEARS AGO AND MY FRIEND

Customer Question

I HAVE A TRUST AND WILL DRAWN A FEW YEARS AGO AND MY FRIEND IS THE EXECUTOR OF THIS. HE HAS MOVED AWAY AND I WOULD LIKE TO REPLACE HIS NAME WITH A FRIEND WHO LIVES VERY CLOSE TO ME. I NEED TO HOW MUCH IT WILL COST TO DO THIS.
Submitted: 11 months ago.
Category: Estate Law
Expert:  Barrister replied 11 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Do you want to replace him as the Trustee of the Trust as well as the Executor of the Will?

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thanks

Barrister

Customer: replied 11 months ago.
I WANT TO REPLACE HIM AS TRUSTEE AND EXECUTOR OF THE WILL
Expert:  Barrister replied 11 months ago.

If you want to have an attorney draft up the changes, you will need a "Codicil" which is just a fancy word for an Amendment to a Will and just an Amendment to the Trust.

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Legally, you can do these yourself if you wanted to do so and they would be perfectly legal as long as you make sure the proper procedures are followed.

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With the Codicil, it just needs to be signed by you as well as two uninterested witnesses (i.e. they aren't beneficiaries) and then dated and that is all you need to make it a valid amendment to your will. It isn't mandatory to have it notarized, but it doesn't hurt.

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With the Trust Amendment, you can draw it up stating you are removing X and replacing them with Y and then sign it in front of a notary and have it notarized and dated and then you physically attach it to the existing trust and send a copy to the old and new Trustees informing them of the change.

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So as you can see, they are pretty simple to do and there is really no reason for you to pay an attorney $750- 1000 or so to do something so simple..

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If you would like I can provide templates to you so you can draft them yourself for an additional fee. I will send an offer through the premium services option and you can think about it..

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thanks

Barrister

Expert:  Barrister replied 11 months ago.

Or you can always draft up your own using the information I provided.

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thanks

Barrister

Customer: replied 11 months ago.
THANKS FOR YOUR QUICK ANSWER. MY INITIAL QUERY WAS COST OF DOING THIS AND NOT JUST ADVICE. I WAS UNDER THE IMPRESSION THAT THIS WILL INCLUDE DOING THE WORK.
Expert:  Barrister replied 11 months ago.

You are very welcome. Glad to help any time..

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There may have been a little confusion about what services JustAnswer provides.. Although the legal experts are licensed attorneys, JustAnswer is not a law firm so the attorneys can't represent customers or prepare legal documents for them as that would require an attorney/client relationship.

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The experts on JustAnswer can only answer legal questions and provide legal information to customers, not represent them. I thought you were asking how much it would cost you to have this done if you contacted a local attorney because you wanted an idea of what the cost would be, not that you wanted me to actually draft the legal documents for you. That I can't do as I am prohibited from representing customers under my agreement with JustAnswer.

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If you were under the impression that an attorney was going to be able to draft up both documents for you for whatever initial deposit you put down, I am sorry for any confusion. But I can provide the templates for you that you can then easily complete to have legally binding amendments if you were to accept the premium service offer I extended earlier..

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thanks

Barrister

Customer: replied 11 months ago.
My neighbor friend had already told me that this is a not a difficult thing to do. Whole idea was to get it done thru a professional. I do not feel that I got my moneys worth on this.
Expert:  Barrister replied 11 months ago.

No worries. You can can always contact JustAnswer customer service and request a full refund of your deposit and they will happily provide it. Tthe Customer Support team is available to help you 24/7. Email***@******.***

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In the US or Canada 1-***-***-**** Available 6am to 9pm PST or use this link: http://ww2.justanswer.com/help

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thanks

Barrister

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