Thursday, October 06, 2005

Prejudices

The other day when I met with some clients for the first time, I ran into my prejudices.
The clients came in for some basic estate planning. I'm thinking this will be a snap. The first question that the more experienced attorney asks of them is, "What are your goals in coming in here today?" They answer that they want a trust. I immediately think, maybe they don't.
See, a trust is not for everyone, even though in the west the trust and pour over will combo is quite popular. It's just that probate isn't all that hard and when a couple owns everything jointly with rights of survivorship, you hardly have to go through probate when the first spouse dies. So if you're not worried about asset protection or estate tax issues or the like, then there's just no reason to have a trust.
I look at these people and I think - they don't need a trust. They don't have the assets that would put them in the group of people that need trusts. See, I was judging them by their clothing and demeanor, that they were not that rich or that sophisticated.
I was wrong.
They own a business that is likely worth several million. A trust - in fact an AB trust that utilizes the marital deduction - may be just the thing they need. So, inside my mind a slap myself and remind myself never to assume anything, because that just makes an "ass" out of "u" and "me."

Which is a good reminder because tomorrow I have two more client interviews!

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