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My attorney in Lovelock, NV is dragging his feet regarding putting my Mother's (severe dymensia and my sister and I are her guardians) assets into a trust. We had an attorney in Reno put together a trust. The gentleman that we are dealing with in Lovelock, NV (small town) said that we do not need a trust. There is a sizeable ranch to be divided between 3 siblings. My concern is that this attorney has personal interests in obtaining this ranch, as he has voiced this previously, and given us a lowball apraisal. My sister insists upon doing business with this man, as she states, that you must make the locals happy, or they will make your life as unpleasant as possible. Is it legal for me to tape record this atty without his consent regarding the erroneous advice he has given me regarding needing a trust? I thought a trust would make probate easier to deal with, and also to alleviate the attorneys getting rich off of dragging situations out? Please give me your take on trusts.
Submitted: 300 days and 23 hours ago.
Category: Estate Law
Value: $15
Status: CLOSED
Accepted Answer
In general a trust is a very good idea and it is suspicious that this lawyer is saying not to proceed with it, especially after another attorney put together the paperwork.
I would just let the Reno lawyer finish forming the trust.
And yes, property that is in a trust does not go through probate court when the trustor dies. Some property can go into what is called a pour over trust, but it is not necessary.
Consent of all parties is required to tape a conversation in Nevada. See http://www.rcfp.org/taping/states/nevada.html
The locals be damned, they may not even like the local attorney. Even if they do, so what. You have to look out for your legal interests and not worry about what the neighbors think. Sometimes people need an out of town lawyer to ride in on a black horse. You can form the trust anywhere in Nevada and do not need a local lawyer.
I would tell your sister that if either of you does not trust this lawyer he is not the right one for the job. You have to find one you both trust.
I hope this information is helpful.
Expert:
N Cal Attorney
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Answered:
1/26/2009
Attorney
Since 1983
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