• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Law Offices of Kobrick and Moccia

Law Offices of Kobrick and Moccia

ESTATE, TRUST PLANNING &
ELDER LAW INFORMATION CENTER

Call Now: (800) 295.1917

  • Attend Our Free Webinars
  • Home
  • Our Firm
    • About Our Firm
    • Client Testimonials
    • Meet Our Team
  • Services
    • Blended Family Planning
    • Elder Law
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • IRA & Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • SECURE Act
    • Special Needs Planning
    • Trust Administration
  • Elder Law
    • Coping With Alzheimer’s
    • Guardianship
    • Medicaid Planning
    • Nursing Home Planning
  • Resources
    • Articles
    • Elder Law Resources
      • Commack Elder Law
      • Elder Law Reports
      • Harrison Elder Law
      • Hauppauge Elder Law
      • Rockville Centre Elder Law
      • White Plains Elder Law
    • Estate Planning Definitions
    • FREE Estate Planning Worksheet
    • FREE Seminars
    • Frequently Asked Questions
      • Elder Law
      • Estate Planning
      • Families Without an Estate Plan
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Medicaid
      • Probate
      • Trust Administration
      • Trust Administration & Probate
      • Wills and Trusts
    • Is My Estate Plan Outdated?
    • Legacy Wealth Planning Consultation Form
    • Medicaid Resources
    • Probate Resources
      • Harrison Probate
      • Hauppauge Probate
      • Long Island Probate
    • Probate Checklist
    • Special Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning for Niches
      • Trust Administration
    • Top Estate Planning Techniques
  • Communities We Serve
    • Nassau County
      • Garden City
      • Lynbrook
      • Malverne
      • Rockville Centre
    • Suffolk County
      • Commack
      • Dix Hills
      • Hauppauge
      • Nesconset
      • Smithtown
    • Westchester County
      • Harrison
      • Mamaroneck
      • Rye Brook
      • White Plains
  • Webinars
  • BLOG
  • Reviews
    • Our Reviews
    • Review Us
  • Contact Us
Home » Estate Planning Articles » Short and Sweet is Not Always Better

Short and Sweet is Not Always Better

May 31, 2011 by Anthony Moccia

When you compare a do-it-yourself Living Trust with one that was prepared by a qualified estate planning attorney, one of the first things you’re likely to notice is that the attorney-prepared trust is long. And it might not be so easy to read.

There’s a good reason for this. Lawyers don’t write legal documents just to annoy non-lawyers: we write them in order to address as many potential legal issues as possible. When it comes to estate planning, there’s any number of contingencies to prepare for.

Here’s one way to look at it: what if you want to add a new porch to your home? Would you entrust the job to a carpenter whose toolbox comes stocked with only a hammer and a saw, or would you want a craftsman who comes prepared with all the necessary tools to survey the job and do it right the first time? When a qualified estate planning attorney drafts your trust with all the contingencies in mind, you have the equivalent of a fully-stocked toolbox, ready to address a full range of concerns that might arise in the years ahead.

For example, what powers will your Trustee have? State law typically provides a list of default powers afforded a Trustee, and an average do-it-yourself Trust references these default powers. However, this list is far from exhaustive, and there are countless real-life scenarios that can test the limits of a do-it-yourself Trust and cause turmoil for your loved ones. For instance, do you want your Trustee to be able to mortgage your home to pay your child’s tuition? What about to pay medical expenses? These issues are generally not addressed in default provisions. Without express permission in the Trust, a mortgage company is likely to be hesitant to let your Trustee sign on the dotted line.

Consider another scenario: on its face, naming beneficiaries is a deceptively simple task. Just pick who you want your assets to go to, and your job is done. Unfortunately, life can prove more difficult than that. For instance, imagine you want your property to be divided equally among your children Andy, Bob, and Carol. It seems easy, but what if Bob dies before you do? Should his share of your property go to his descendants, or should it get divided between Andy and Carol? And, if Bob’s share goes to his descendants, exactly who are they? It’s not always an easy call. For instance, what if Bob has natural children and step-children? Are they all treated equally? The waters can get muddied very quickly, and a well-planned Trust can eliminate a good bit of expensive legal wrangling.

These issues are just the tip of the iceberg. Qualified estate planning attorneys have experience in dealing with their clients’ real-life issues. Anticipating these issues and providing clarification and solutions ahead of time means that, while a good Trust document might be lengthy, it is also more likely to result in your wishes being carried out without complications. When it comes to Trusts, short and sweet is not always better. A qualified estate planning attorney can help you establish a Trust that is thorough and effective.

Primary Sidebar

Law Offices of Kobrick and Moccia

Download our free estate planning worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.

  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • LinkedIn
  • RSS
  • Twitter

GARDEN CITY

1305 Franklin Avenue Suite 170
Garden City, NY 11530
United States (US)
Phone: (516) 248-9500
Fax: (516) 248-7606

HAUPPAUGE

150 Motor Parkway Suite 401 (Regus)
Hauppauge, NY 11788
United States (US)
Phone: (631) 941-3400
Fax: (516) 248-7606

HARRISON

600 Mamaroneck Avenue, 4th Floor
Harrison, NY 10528
United States (US)
Phone: (914) 701-0777
Fax: (516) 248-7606

MAP

kobrick_sidbr_map

Office Hours

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 5:00 PM

Footer

footer-logo
  • Facebook
  • LinkedIn
  • Twitter

The information on this Attorneys & Lawyers / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Kobrick and Moccia, Attorneys at Law. Privacy Policy | Contact Us | Disclaimer | Site Map | Powered by American Academy of Estate Planning Attorneys

Law Offices of Kobrick and Moccia
Attorney Advertisement
© 2023 American Academy of Estate Planning Attorneys, Inc.