A living trust is an agreement between the Grantor (who creates the trust) and a Trustee (who administers the trust) for the benefit of the Beneficiary. Oftentimes, the Grantor, Trustee, and Beneficiary are the same individual at the beginning. I sometimes describe it as taking money from one pocket and putting it into your other pocket.

The living trust contains instructions for the Trustee to follow in administering the trust during the Grantor’s life, which becomes useful if the Grantor can no longer manage his own affairs. It also contains instructions for how to distribute the assets in the trust after the Grantor’s death. A living trust has built-in disability protections in case a Grantor becomes incapacitated during life, and functions as a will-substitute after death to avoid probate.

A living trust is especially useful for avoiding multiple probates if a person owns real estate in more than one state.

That is determined by the state you live in when you die. In Illinois, if you are married and have children, half the assets you own in your name go to your spouse and the other half go to your children.

If your children are minors, their inheritance will probably be placed in a court guardianship and given to them in a lump sum when they are 18. Most 18-year-olds are not mature enough to manage a windfall, and taking this approach can result in serious negative consequences.

No. Your goals and the types of assets you own are more important in determining whether a living trust is right for you. This is one reason I ask my clients about their assets.

It is not possible to have an effective consultation over the phone. Estate planning deals with important issues like family dynamics, who will receive all your money, and who has the power to control your personal care and your money if you become disabled. Unfortunately, there is a risk of abuse or duress when it comes to money and control within a family. I need face-to-face conversations with my clients in order to be sure I understand their situation, to be sure they understand what we are doing, and to be sure they are expressing their own wishes.

If your spouse wants me to prepare an estate plan for him/her, then yes, he/she has to come to the meeting. I cannot prepare an estate plan for a person without meeting face-to-face with him or her. If you want me to prepare an estate plan just for you, and you want my duty of confidentiality to exclude your spouse, then come by yourself.

First, a court must confirm that the will is valid and that it is actually the last will and not an earlier will. Then, certain people must be given the opportunity to object to the will. Also, all of the deceased person’s financial affairs must be finalized before the assets can be distributed.

There might be claims against the estate, such as unpaid bills or debts, that affect what beneficiaries receive. The executor must identify and pay outstanding bills and debts, collect debts owed to the deceased, and might need to finalize a contract, or close or sell a business.

We can discuss whether that option is right for you. You may be able to avoid going to court.

You could, but the risk is you don’t know what you don’t know. The value I provide my clients is in my counseling, which combines my knowledge, experience, and judgement. In a sense, the documents are free; it’s the counseling you pay for.

With mediation, the people involved in the conflict determine the result, not an outside party. If you do not believe an outcome is fair or good for you, then do not agree to it. In mediation, you are not forced to agree.

That is your decision. Most of the time, you do not need a lawyer to be there with you, for two reasons. First, in mediation, the parties are trying to work together to solve their conflict, not trying to convince a judge or arbitrator of their point of view. Second, the rules in mediation are few and easy to understand. That said, if you need a lawyer with you to feel comfortable, then you can bring one.

Many cases can be resolved in one day. Divorce and custody issues often take many shorter sessions because there are so many issues to resolve and so much information the parties must consider.