Blind Trust Attorney Fees

An attorney may represent a claimant against the estate or trust on a contingent fee basis without court approval.

Blind trust attorney fees.

Before delving into the specifics of a blind trust it helps to understand what a trust is and how they operate. It is a good idea to hire a. On appeal the defendant trustee argued that the attorney fee award was excessive given the relatively small damage award. Legal fees vary by location so your costs could be much higher or slightly lower.

First setting up the trust usually means paying the blind trust attorney s fees which could be substantial since this type of trust tends to be more complex than other trust options. Second the creator cannot serve as the trustee of a blind trust. Hourly fee flat fee or contingency fee. The court agreed and awarded 13 364 to the beneficiary for damages and awarded the beneficiary 49 444 in attorney fees.

With a blind trust the trustee makes all the trust s asset management decisions and the creator. A trust is a legal agreement where an individual known as the trustor or settlor transfers ownership of certain assets to an account managed by a trustee also known as a fiduciary the trustee then operates the trust on behalf of the designated beneficiaries. In comparison attorney s fees for drafting a will are much lower generally 200 to 400 for an individual and 300 to 500 for a couple. You can name yourself as a beneficiary but you transfer your lottery ticket to the trustee.

Estates and trust attorneys typically charge clients in one of three ways. Here is what you should know about the fees your estate or trust attorney may charge. A blind trust for lottery winners differs from a typical living trust in two significant ways. Attorneys fees can be paid out of the estate whether the litigation was filed before or after the court admits the will to probate.

California probate code 10811 c. The average cost for an attorney to create your trust ranges from 1 000 to 1 500 for an individual and 1 200 to 1 500 for a couple. The trustee often a lawyer or financial advisor has complete discretion over how the winnings are managed. Under a blind trust you designate a trustee and beneficiaries.

California probate code section 16420 permits a court to reduce or deny trustee compensation where a trustee has threatened to or actually committed a breach of trust. Additionally the court may award attorneys fees even if. Establishing a blind trust basically involves drawing up a document that the grantor signs to give full power of attorney over the trust assets to an independent third party trustee in contrast. In addition to the attorney s regular fees you should expect to be billed for miscellaneous disbursements.

First a blind trust is irrevocable the creator cannot change its terms or revoke it.