Help Attorneys Solve Problems

Attorneys tend to be pretty good problem solvers.  However, they are not magicians.  Below are some real life examples of how registering your documents can help solve various issues.

Real Estate Title Problems

Property in Trusts

It is often a good idea to put your real estate into a Trust.  This may be done to avoid the costs of Probate Court, or for tax reasons, or simply for efficient succession planning.  In most trusts, the person creating the trust names himself as the initial trustee, and one or two other people to take over as trustee when he passes away.  The names of the successor trustees are obviously contained within the terms of the trust document, along with the names of the beneficiaries who will inherit the real estate upon his passing.  Most of the terms of the trust are intended to be private and should not be recorded at the Registry of Deeds or land records when the. real estate is conveyed into the ownership of the trust.   This is good policy until it is time to sell the real estate and the creator of the trust has passed away, and no one can find the original trust that appoints successor trustees and names the beneficiaries.    Some times the attorney who drafted the trust has passed away or retired, and now his files have been moved or destroyed.  Then the trust is lost for good and then a court has no choice but determine who will inherit the property.

Property not in a Trust 

Life events are often unexpected, including death.  If your property needs to be sold and your Last Will and Testament cannot be found, the attorney has to start tracking down your heirs.  This may include hiring a private investigator or genealogist, which can be costly for your estate.  This work includes researching birth certificates, death certificates, marriage certificates, newspaper articles, obituaries, court documents and the like.  As a result, someone from your family may inherit from you that you did not want, or maybe a charity that you wanted to donate to will no longer receive anything.   And do not forget the possibility that a person with the same name as your rightful heir may mistakenly be given a portion of your estate if the correct heir cannot be located.  The financial burden on your heirs and estate is unnecessary, if you simply registered your estate planning documents.

Health Care and Probate Problems

Children are the most common heirs.  Often children move to other towns or out-of-state to begin their adult lives.  If something were to happen to you, how do health care professionals or financial professionals know who to contact?  Often they do not know who to contact.  If health care decisions or financial decisions need to be made on your behalf, before or after your death, the local Court will be contacted and an attorney will be appointed to make those decisions.  This person who is appointed does not know you, or your wishes.  They will attempt to find your heirs, but if they fail, they have to make decisions for you, and you are a stranger to them.  Clearly this is not ideal and can lead to catastrophic results.