Charleston Trusts Lawyer

Trusts Lawyer In Charleston, WV

Estate planning is extremely important. Having a proper estate plan can be the difference between caring for your loved ones after death and having your life legacy held up in probate courts. Unfortunately, this is the reality for some families. You can care for your family after your death with a proper estate plan, and a Charleston trusts lawyer can help you do it.

Why Choose Wooton, Davis, Hussell & Johnson, PLLC?

At Wooton, Davis, Hussell & Johnson, PLLC, we distinguish ourselves in West Virginia by combining a client-centered approach with more than a century of legal experience. Our lawyers value developing close bonds with our clients.

We believe that in order to provide efficient legal representation, it is crucial to understand an individual’s particular needs and objectives. We are a dependable resource for people, families, and businesses because of our reliable reputation for legal quality and approachability.

Understanding Trusts in West Virginia

Many people know that estate planning is necessary, but unfortunately, many do not have a solid plan in place. A 2025 study showed 25% of Americans had a will, a steady decline from 33% in 2022. Americans with children under 18 comprise the largest group of people without wills or other estate planning documents. Most people who have updated their wills have done so within the last five years, mainly driven by a family expansion or a change in their assets.

A trust is a legally recognized agreement where one person or party, the trustee, manages the assets of an estate on behalf of another person, usually the beneficiary of the trust. A trust is different from a will. The terms of a will occur after a person dies. A trust can be implemented while the beneficiary is still alive, depending on the type of trust it is.

In West Virginia, trusts must abide by state laws. This requires care and attentiveness while planning and often requires the assistance of a legal professional. A lawyer can make sure that your trust is in compliance with state regulations while also meeting your goals.

Types of Trusts

There are various types of trusts. Each one serves its own purpose. The type of trust you choose will depend on your specific needs and desires. The main types of trusts are:

• Revocable living trusts. A revocable living trust allows you to maintain control over your assets while living. When circumstances change, you can modify your trust as you see fit. After your death, your assets go to your designated beneficiaries, allowing your loved ones to avoid the probate process.
• Irrevocable trusts. Once an irrevocable trust is established, it cannot be changed except through the approval of the beneficiaries. This may seem more prohibitive than a revocable trust, but it allows for privacy and protection, particularly from creditors.
• Testamentary trusts. A testamentary trust is executed after your death and is usually created through a will. This is typically used for minor children.
• Special needs trusts. A special needs trust provides support to those with disabilities without interfering with their ability to receive government assistance.
• Charitable trusts. A charitable trust allows you to support causes that are important to you. This also allows you to receive tax benefits. Those who choose charitable trusts can decide to either donate their money to charity after their beneficiaries are paid or do so before, and leave the remainder of their assets to beneficiaries after the charitable donations are completed.

How a Charleston Trust Attorney Can Help

A trust attorney in Charleston can offer you guidance and legal knowledge on how to protect your assets, make sure your trust follows your wishes, and ensure that you meet all legal requirements for the trust so it is not held up in court after your death.

A lawyer can draft and customize your trust documents to your specific needs. They can make sure that your assets are properly transferred through your trust. A trust lawyer can guide you in making the right decisions by helping you choose the right beneficiaries and the right trust, while providing advice on tax implications.

An attorney can also point you to the proper local resources. In Kanawha County, for example, the Fiduciary Supervisor’s Office at the Kanawha County Courthouse handles most probate and estate matters.

FAQs

Q: How Much Do Lawyers Charge to Administer a Trust?

A: When it comes to trust administration, lawyers can bill on an hourly basis, a fixed fee, or a percentage of the trust’s value. The size of the estate, the complexity of the trust, and the particular services required all affect the price. You should discuss costs and payment plans during your first consultation with a lawyer.

Q: What Type of Lawyer Is Ideal for Trusts?

A: An estate planning attorney who focuses on trusts is ideally suited for trust assistance. These attorneys have knowledge of creating, adjusting, and managing a variety of trust arrangements. They can help clients with tax concerns, asset protection plans, and long-term planning objectives while making sure the trust conforms with any and all state-specific legal requirements.

Q: What Is the Difference Between an Estate Lawyer and a Trust Lawyer?

A: The difference between an estate lawyer and a trust lawyer is that an estate lawyer deals with a variety of end-of-life planning matters, such as asset distribution, probate, and wills. On the other hand, a trust lawyer concentrates on setting up and overseeing trusts, assisting clients in avoiding probate and having authority over the distribution of their assets both during and after their lifetime. Although they may focus on one, many lawyers practice both.

Q: Is It Legal for the Lawyers to Spend the Money in the Trust?

A: No, it is not legal for lawyers to spend the money in the trust for personal use. Trust funds are specifically and strictly for the named beneficiaries of the trust. Attorneys are only compensated for their services, which are determined regardless of the trust amount and must be in agreement with state laws.

Contact Wooton, Davis, Hussell & Johnson, PLLC Today

Wooton, Davis, Hussell & Johnson, PLLC, can assist you with your estate planning needs. We can review your specific situation and help you determine the most appropriate trust for you. Contact us today to get started.