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What should I avoid per a trust and will? Lawyer? No lawyer?

Posted on 9/30/25 at 10:16 pm
Posted by Harry Rex Vonner
Foggy Bottom Law School
Member since Nov 2013
47005 posts
Posted on 9/30/25 at 10:16 pm
Talking to an attorney who does trusts, estate planning, probate (avoidance, I think), and etc.

Quoting me $3,500, seems reasonable I guess.

The trust would initially include real estate, to go to family if I die or if the Planet of the Apes remove my brain.

Initially, all nest egg money would not be in the trust, but I think can be added at any time. Some kind of "five year rule" ??


I've got the E-Sign email from the attorney, I believe I trust him, but man, this is all so new.
Posted by SloaneRanger
Upper Hurstville
Member since Jan 2014
12415 posts
Posted on 9/30/25 at 10:25 pm to
If you don’t understand it, take a time out and have the lawyer walk you through it. You need to understand what you’re doing and why.

Trusts have their place, but they add complexity and have downsides too. Get your questions answered and understand what you’re doing. Any good lawyer expects questions.
Posted by Harry Rex Vonner
Foggy Bottom Law School
Member since Nov 2013
47005 posts
Posted on 9/30/25 at 10:30 pm to
Yes, thank you


ETA: doesn't seem like he was rushing me, but I had to wait several days for an appointment for him to call me.

Kinda sucks.
This post was edited on 9/30/25 at 10:31 pm
Posted by KCRoyalBlue
Member since Nov 2020
1843 posts
Posted on 9/30/25 at 11:24 pm to
You've waited 50 years for this. You can wait one more week.

Well, just don't die between now and then, I suppose.
Posted by Sho Nuff
Oahu
Member since Feb 2009
13362 posts
Posted on 10/1/25 at 2:13 am to
Do you work at a company that has prepaid legal? When my wife worked at a major hotel chain we had the prepaid legal and we used it to do our trust, will, and POA and it cost us about $1,000. Even without prepaid legal, $3,500 sounds high but I am no attorney.
Posted by TheOcean
#honeyfriedchicken
Member since Aug 2004
45041 posts
Posted on 10/1/25 at 5:23 am to
Where do you live?
Posted by baldona
Florida
Member since Feb 2016
23247 posts
Posted on 10/1/25 at 6:17 am to
quote:

Even without prepaid legal, $3,500 sounds high but I am no attorney.


Mine was $3,000-5000 recently. I got 2 different quotes and neither was anywhere close to being a fancy lawyer.

The lawyer I used took almost 3 weeks to get an appt so I don’t think that’s abnormal OP.
Posted by TheOcean
#honeyfriedchicken
Member since Aug 2004
45041 posts
Posted on 10/1/25 at 6:32 am to
Damn, baw. Should have hit me up. I would have hooked you up with a TD.com discount
Posted by Enadious
formerly B5Lurker City of Central
Member since Aug 2004
18473 posts
Posted on 10/1/25 at 7:33 am to
Paid about $3500 for a trust for my mother back in 2011.
Posted by KajunLass
Member since Apr 2022
460 posts
Posted on 10/1/25 at 7:35 am to
Yes, $3500 is appropriate. My husband and I updated ours (almost started from scratch since we changed a lot of stuff from our previous will) last year and that was around what we paid. Set up trusts for both of us and did the whole POA, medical, financial, living wills, etc.
Posted by auisssa
Member since Feb 2010
4607 posts
Posted on 10/1/25 at 7:37 am to
That sounds normal. 3k 3 years ago for my mother in law that had a fairly complex estate.
Posted by DarthRebel
Tier Five is Alive
Member since Feb 2013
24413 posts
Posted on 10/1/25 at 7:46 am to
Take a breath before you sign anything and ask some questions. You are paying them after all.

First make sure you actually need a trust and not just a will. In Texas you pretty much do not need one, unless your net worth goes over $3million and even then it is only if you have some complexities. Arkansas is similar, do not really need one under $3 million. Trusts can of course streamline the process and avoid exposure, but that is what you are really paying for under $3million. You 100% need a trust when your net worth goes over $10million.

You should also get the following drawn up from the lawyer for that price.

1. Will
2. Beneficiary Designation (retirement accounts, life insurances, bank accounts, etc.) - These will override your will and you should be able to change free of charge.
3. Durable Power of Attorney
4. Healthcare Power of Attorney
5. Advance Healthcare Directives

If you own a business, there are a few more items to take care of as well.
Posted by Twenty 49
Shreveport
Member since Jun 2014
20703 posts
Posted on 10/1/25 at 7:57 am to
quote:

Some kind of "five year rule" ??


He's probably referring to the Medicaid 5-year lookback period.

Putting your assets in a certain form of irrevocable trust can keep them from counting when determining whether you qualify for Medicaid (which requires you be dead arse broke) to pay for nursing home care. People often use a trust to preserve assets for the next generation while being able to qualify for Medicaid if needed.

If you were to apply for Medicaid, they will look back for the prior 60 months to see if you gave away assets or transferred them for less than fair market value (to the trust, a family member, or otherwise). If you stroke out within that 5 years and need to go in the nursing home, the money/assets you gave to the trust can count as your assets and make you not qualify.

Per AI: In Louisiana, the average annual cost for a semi-private nursing home room is approximately $89,790, and a private room costs about $91,250 per year as of early 2025.

It's complicated, and what (I think) I know about it just scratches the surface. Consult your professional adviser about your particular circumstances.
Posted by SalE
At the beach
Member since Jan 2020
2876 posts
Posted on 10/1/25 at 10:28 am to
Accurate advice in this thread
Posted by Tsw
Member since Dec 2020
103 posts
Posted on 10/1/25 at 10:51 am to
You should also talk to your CPA to fully understand what you are getting into from a tax perspective. I've seen many clients of mine make avoidable mistakes thinking a trust is a blanket solution to all of their estate tax problems.
Posted by Dixie Normus
Earth
Member since Sep 2013
2825 posts
Posted on 10/1/25 at 11:48 am to
If its a complicated plan to avoid inheritance tax or other more complex/nuanced issues, its not an unreasonable quote and you should pay him to do it because there’s a lot of traps for the unwary setting up stuff like this. Just a basic estate plan with no nuance, that’s a pretty high price tag but not so high it’s unethical depending market, firm, specialty, etc.

For comparison, my firm does basic estate plans (will and POAs) for a couple at $1500 and $950 for a single. That’s in a mid-size market with board-certified EP attorneys.
Posted by Sho Nuff
Oahu
Member since Feb 2009
13362 posts
Posted on 10/1/25 at 6:09 pm to
quote:

Mine was $3,000-5000 recently.

Well shite, makes me feel really good about that plan we had. This was in 2023 so not too long ago but I think she only paid about $150-$200 a year for the legal. We used it for a few different things over the years when she worked there.
Posted by Harry Rex Vonner
Foggy Bottom Law School
Member since Nov 2013
47005 posts
Posted on 10/1/25 at 6:39 pm to
quote:

Where do you live?



Northwest Arkansas
Posted by Harry Rex Vonner
Foggy Bottom Law School
Member since Nov 2013
47005 posts
Posted on 10/1/25 at 6:45 pm to
quote:

Accurate advice in this thread




yes, thank you to everyone

Posted by KCRoyalBlue
Member since Nov 2020
1843 posts
Posted on 10/1/25 at 7:51 pm to
Well, hell. Why didn't you say you were in NW Arkansas? I'm in Conway.

Give Jamison Bonds a call with Providence Estate Planning. He has an office in Ft. Smith, I believe. He did my family's trust about 2 years.

A trust seemed to be best option for my family and Jamison was one of the nicest, most patient people I've ever met. We had SOOOO many questions. And no, I did not know him at all prior to the experience.

LINK
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