Do we need an attorney?
Question of the week: Do we need an attorney?
Answer: Long time readers of the WR&MU know I like to play golf. Not infrequently during the months when the sun rises early, I will play the back nine (for non-golf nomenclature, the back nine are holes 10-18 on a standard golf course) early in the morning—we tee off before the first group that started on the first hole makes it around to the 10th tee.
This is enjoyable, not only for the golf, but for the others that share the joy of playing nine holes of golf in about two hours so back home or in the office before others may be starting their days.
This morning I was fortunate to play the back nine at one of our local courses with three attorneys—yes spending time with attorneys can be fun, and if on a golf course affordable as they don’t charge you in six-minute increments, by the stroke, or by the hole (unless there is some friendly wagering).
Each of the attorneys has a different specialty within a specialty and hearing their discussions as we walked the fairways led to our question of the week.
The umbrella specialty is death. Well, not really death but what happens to your stuff when you die.
One is an estate and trust specialist. One is a probate specialist. One is a real estate specialist. While there is some cross-over, each has earned recognition from their peers in these specialties and engage in much referring between them and other attorneys and their specialties.
The longest discussion was a case that, as well as I could tell between shots, looking for balls, raking sand traps, was about a family that is dealing with the sale of a home that had a complicated trust that was not properly put together and requires filing of motions and coordinating the ability to sell the property, who gets what, and different laws that they are negotiating so the property can be sold and the proceeds distributed to heirs through the trust.
As I am getting bits and pieces, such that while above is what I inferred from the discussions the actual case may be a bit different, I think how much easier it would be for all concerned, and cheaper for the estate and its beneficiaries, if the initial trust had been set up in a less complicated way.
We have handled many transfers of property within estates where one, or more, beneficiaries are “purchasing” the property from the estate with the proceeds being distributed to other beneficiary(s). Very often they are somewhat simple for what is being accomplished, because the trust is pretty clear cut, and there is agreement between those involved as to property value and how much needs to be paid to other beneficiaries in exchange for the property being transferred to our client beneficiary.
Much less simple, are transactions where we there was not a legal plan in place as to what happens to a property when the owner dies; i.e., it is not in a trust, and/or there is no will. In these cases, the property goes through probate and a judge determines who owns the property and confirms its value if it is to be sold. This is not only very time consuming for the decedent’s heirs, typically children, but also costly due to attorney and court fees. Almost always more costly than the cost of working with an attorney to put your “stuff” into a trust and create a will documenting who gets what.
Playing golf with Robert, Paul, and Daniel, I could see the different legal options after people die for real estate, and retirement accounts, and savings, and the drawing Mom got from Warhol she got as a gift in her 20’s after a party one night in SoHo in the ‘50’s, before he started doing celebrity portraits.
Do you need an attorney? If you own stuff—especially real estate—yes. Because if you do not engage an attorney now to help with your estate (makes you sound wealthier than you may feel) and its assets and what happens to them when “It” happens. If you do not engage someone for these services now then your heirs will need to after “It” happens, and they will likely not have kind and fond memories of you for the trouble, expense and time spent expended due to your not engaging an attorney.
Be nice to your kids, and grandkids, if you do not have an estate and trust plan in place, get one.
To schedule an initial meeting by phone or Zoom, click here for my calendar, please feel free to forward to a friend or family member!
Have a question? Ask me!
“Hawkish pause.” That was the term that the Wall Street Journal’s MarketWatch used to describe the Federal Reserve Chair Jerome Powell’s comments after the Fed announced that at its meeting this week it was taking a pause in rate increased and decided to not increase its benchmark interest rate. From his comments, we can expect the Fed will bump its rate another 0.25% (one-quarter of one percent) before the end of the year. But with economy growing at a “solid pace,” the Fed expects rates to be higher longer in order to push inflation down. It expects the core rate of inflation to be 2.6% in 2024 and not reach the Fed’s target rate of 2.0% until 2026.
Rate cuts will be coming in 2024, however instead of the projected four rate cuts next year, the Fed is anticipating two rate cuts—meaning the Fed’s benchmark rate will likely remain at or slightly above 5% through next year. The Fed funds rate is currently 5.25-5.50%, prior to the Fed’s quantitative tightening policy (raising rates, the rate was 0.00-0.25% from March 2020 to March 2022 when it made its first rate increase of 0.25%.
Rates for Friday September 22, 2023: The markets reactions to the Fed actions and comments were a steep drop in bond and mortgage markets (lower price mean higher rates), as well as equity markets. Despite talk of “soft landing,” avoiding a recession, and strong economy, the news that pushed investors were another increase this year, rates higher longer, and only two rate cuts next year. The result is that rates this Friday reach a multi-decade high.
FIXED RATE MORTGAGES AT COST OF 1.25 POINTS LOCKED FOR 45 DAYS FOR PURCHASE TRANSACTIONS:
30-year conforming 7.375% Up 0.125%
30-year high-balance conforming 7.875% Up 0.25%
Please note that these are base rates and adjustments may be added for condominiums, refinances, credit scores, loan to value, no impound account and period rate is locked. Rates are based on 20% down with 740 FICO score for purchase mortgages.

Fall is officially here! Well almost as the fall equinox occurs tomorrow; the spring and fall equinoxes are when the sun falls equally on the northern and southern hemispheres. Moving forward, until the winter solstice for the northern hemisphere, our hours of sunlight will diminish.
Um, why the exclamation point? You’re happy with less daylight?
Because I love the fall, by far my favorite season. The cooler days, yes the shorter days, but also all the it means in terms of filling my love of sports. Baseball playoffs have essentially started with teams battling to make the playoffs, football is fully underway, and with the cooler weather I begin to unconsciously change my consumption habits from mostly bourbons and ryes, to mostly scotch and Irish whiskey.
Happy Autumn!
Have a great week,
Dennis
Past Weekly Rate & Market Updates can be found on my blog page at my website www.DennisCSmith.com/my-blog