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Wills, Trusts and Estate Planning : Includes Living Trusts, Estate and Gift Tax Planning, etc.
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Old 03-06-2005, 06:24 PM
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Join Date: Feb 2005
Posts: 6
Angry

Incompetent attorney did not fund the trust.


Revocable trust was prepared by a New Jersey attorney. Then, Dad moved to Florida before his death. Florida attorney now says that the New Jersey revocable trust was only funded for $1.00 and did not include a list of pour-over assets. His assets must now go thru probate. Florida attorney suggests that we ask the New Jersey attorney what the agreement was for funding the trust since we now have assets not included in the trust. I hesitate to call the New Jersey attorney about this because the last time we called him (to ask about reviewing the trust since Dad's move to Florida) - HE SENT US A BILL FOR $500!

This seems like a case of malpractice to me. We paid for a revocable trust to avoid probate, and now we find ourselves going thru probate, which is estimated to cost $3000-$3500. In addition, this New Jersey attorney prepared two revocable trusts, one for my mother and one for my father, when a single family trust would have sufficed. Can I take this New Jersey attorney to small claims court? What do you suggest that I do? Thanks for your reply...

Last edited by gith; 03-06-2005 at 06:29 PM. Reason: Removed 1st line about state.
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