What Officials Can Do

• The Florida Bar should expand its crusade against sleazy trust peddlers to include lawyers. Any lawyer who preys on elderly clients should be stopped and, if necessary, disbarred.
• The Bar should tighten screening of lawyer ads. Current procedures allow lawyers to run a sleazy living trust promotion for weeks before the Bar registers its disapproval.
• The state attorney general and local prosecutors should watch for cases of consumer fraud, and vigorously prosecute those who exploit Florida's most vulnerable citizens. One starting place: Send knowledgeable investigators to check out public trust seminars.
• Legislators should increase protections without changing the unique character of living trusts. For instance, state law now requires formal notification of creditors. Lawmakers could extend similar protection to beneficiaries, by requiring trustees to register with the court.

What Citizens Can Do

• Be skeptical of claims that you don't need a lawyer for a living trust. Like a will, a trust is a legal document with the power to either fulfill or derail your estate plan. Better to spend a few dollars now than leave heirs a costly legal mess.
• Shop carefully for a lawyer who will clearly explain the benefits, and risks, of both wills and living trusts. For help, call the Florida Bar's lawyer referral line at (800) 342-8011. Before hiring one, contact the Bar's ethics office (Tampa 875-9821) to see if the lawyer has any documented history of misconduct.
• Pay attention to hidden costs. If you can't retitle assets in the name of the trust, what will a lawyer or other professional charge? What help is required to manage the trust after death?
• Carefully pick a trustee. Dishonesty isn't the only issue. Without proper guidance, even a well-meaning trustee could botch your estate -- and deprive heirs of their inheritance.
• Whoever the trustee is, give strong consideration to requiring a bond to cover theft or mismanagement. You wouldn't leave your home uninsured; why leave your life savings unprotected?