What do you think about this message?

"Dear Mr. Craig,

I've got this phone call from a Trust Consulting Company and they've told me, if my husband or I die, the government will take up to 50% from the estate. I've never heard about Trusts or paying taxes if somebody dies. We came from oversees ten years ago and are planning to stay in this country. Is this true what the Consulting Company told me? If yes, will it apply in our case?"

Wow, this is exactly the type of conduct that is being targeted by a class action lawsuit recently filed in California by California Advocates for Nursing Home Reform (CANHR) and the Institute on Aging (IOA).

What they have found are companies that are using scare tactics against seniors and offering free consultations or free living trust seminars to gain information about the senior's finances in order to sell them inappropriate financial, annuity or life insurance products.

Most of you know my thoughts concerning your revocable living trust and your estate plan.

Having a good estate planning lawyer is like having a good family doctor. Someone you can trust and confide in. Someone you feel comfortable disclosing your intimate financial and family details to and feel confident that they will maintain your confidence.

Why in the world would you trust your affairs to an unlicensed and unregulated "consultant?" How do you know their qualifications or training? Do they carry malpractice insurance?

I was once asked to review an estate plan and revocable living trust prepared by a "consultant" (who has since then been closed down by the state). This person was so incompetent, he had prepared a document that purported to be a revocable living trust, a durable general power of attorney for health care, a durable general power of attorney for financial decisions, and a pour-over will, all in one document. It was so bad, it was laughable. Except by the person who had given this consultant over a thousand dollars for the piece of trash.

Watch out. There are a lot of sharks out there.

Good luck and until next time,

Phil Craig

P.S. Feel free to forward this on to any friends.