CONSUMER ALERT

MIKE COX
 ATTORNEY GENERAL

The Attorney General provides Consumer Alerts to inform the public of unfair, misleading or deceptive business practices, and to provide information and guidance on other issues of concern.

Living Trusts

 Beware of "One-Size-Fits-All" Estate Plans

A revocable living trust can be an important tool in estate planning for many people.  A revocable living trust is a trust instrument that may be changed during the lifetime of its grantor, the person who sets up the trust.  It is called a “living trust” because the maker is alive, in contrast to a testamentary trust, which is not effective until after the death of its maker. By itself, the living trust instrument is probably a legal document.  However, a subject as important as estate planning should be discussed with trusted professional counsel, including your attorney and financial planner.

In recent years, several for-profit companies have begun marketing living trusts over the telephone, by postcard, by in home sales pitches, and in regional meetings, often held at restaurants or in hotel conference rooms or even senior centers and public libraries.  Likely targets of the promotional marketing are senior citizens.  The one-size-fits-all trust forms being sold at these events vary greatly in quality and may not be appropriate for your individual estate planning needs.  Contrary to some sales pitches, not everyone benefits from a living trust.

1.   Consumers should be wary of salespersons who call on the telephone, send a postcard, or appear at the doorway offering living trusts.

2.   Do not be pressured into purchasing a trust based on a phone call, or the in-home sales pitch of a salesman, or immediately following a seminar.  Before making any purchase decision, consult with a reliable professional with the necessary background to help you decide what estate plan is best for your individual situation, rather than relying on someone whose primary interest is a sales commission.

3.   Before buying a living trust from a stranger, call a local lawyer and ask him/her what they charge for preparing trusts. Often the kit price is two or three times greater than what a local lawyer would charge.  Those selling trust kits rely on the public’s apprehension that attorneys are costly. 

4.   If you already have a lawyer, discuss the trust kit offer with him or her before buying.

5.   Be wary if a  trust salesperson promises specific results or dollar savings.  Costs of probate and attorney fees vary greatly from state to state, and according to personal circumstances.

6.   If the trust salesperson promises a lawyer will review the customer's documents, demand the name of the lawyer and check with the State Bar of Michigan to make certain the lawyer is licensed to practice in Michigan.

7.   If the salesperson says that his or her company or the living trust being sold is recommended or endorsed by AARP, do not buy!  AARP does not endorse or recommend any living trust product at this time.

8.   Do not give personal and confidential family and financial information to a salesperson, even if the salesperson promises it will be passed on to a licensed lawyer.  Meet with or discuss the matter with the lawyer personally.

9.   Watch out for companies that sell trusts and also try to sell annuities or other investments.  Under the guise of setting up a living trust, financial information may be disclosed to sales agents who earn high commissions by "moving" existing investments into others being sold by the living trust company.

10.  If the salesperson says part of the  trust cost will pay the lawyer's fee, do not buy!  A lawyer may not split a fee with the salesperson or with the trust company.

11.  Discuss whether you can get your money back if you are not satisfied, and get the promise in writing.

12.  If you encounter problems later, first contact the company or the lawyer and ask for a refund.

To file a complaint against a person or business that sells

living trusts, please contact:

                                    Department of Attorney General

                                    Consumer Protection Division

                                    P. O. Box 30213

                                    Lansing, MI  48909

                                    www.michigan.gov/ag

                                    517 373-1140

                                    877-765-8388

To complain about an attorney who is part of a living trust sales

promotion, or non-lawyers engaged in the unauthorized

practice of law, please contact:

                                    State Bar of Michigan

                                    306 Townsend St.

                                    Lansing, MI  48933

                                    (517) 346-6300