Published March 29, 2009 08:15 am - In an economic crisis in which personal finances matter more than ever, the smart money is on drawing up a will rather than creating a living trust, said a Lewisburg attorney who handles probate issues.
In economic crisis, legal fees can be saved, attorney says
By Rick Dandes
The Daily Item
SUNBURY -- In an economic crisis in which personal finances matter more than ever, the smart money is on drawing up a will rather than creating a living trust, said a Lewisburg attorney who handles probate issues.
"What most people don't realize," Graham C. Showalter said, "is that there is nothing you can state in a trust that a lawyer can't also provide in a will, and for much less money."
A typical will in Pennsylvania costs a few hundred dollars. Even with hiring counsel to establish the authenticity of a will, it adds up to less than the $1,500 average needed to create a living trust.
What's most important is that you do one or the other.
Which is what most Americans haven't done, according to a June survey published on the findlaw.com Web site.
Nearly 60 percent of Americans don't have a will, FindLaw.com reported. Fifty-eight percent of American adults have not written a will, giving them little control or input into issues such as what will happen to their assets and any minor children after they die.
"Have a plan," Showalter said. "Both can save you money in the long run, plus keep you in control of the estate."
Without a will or trust, the state takes over and makes decisions on your house, your possessions and your investments.
Two years ago, Cindy Spinello, of Lewisburg, learned first hand that having an estate plan alleviates stress, as well as saving money after the death of a loved one.
"That's important in these economic times," she said. "In my mother's case, she had a living trust drawn up before she died. It gave me peace of mind at a very difficult time in my life, when it was often hard to think straight. Without a trust, a will, or some kind of legal document, I might not have been able to carry out her last wishes in a timely manner. And without a doubt, our legal fees would have added up."
Legal fees vary from lawyer to lawyer. In high-profile cases, such as ones involving estates worth more than $1 million, fees can be as high as 5 percent of the estate's value. Spinello would not say what she was charged, but she added that she paid a "flat fee" for creating the trust document, plus additional attorney fees while her mother's instructions were being carried out.
As it was, it took a year to complete the necessary paperwork.
"I was surprised how long it took," Spinello said. "There were other relatives involved. Paperwork and court forms to comply with. Tax forms to fill out. I don't know how long this would have taken if my mother, as sick as she was in the last few years of her life, hadn't planned for this well ahead of time."
Spinello's mother was wise enough to have a living trust.
Don Snyder, of Mazeppa, didn't quite know what he was in for when he agreed to be a co-executor of a will drawn by longtime friends in Lewisburg.