Q: Can a legal assistant provide assistance with simple living trusts or will? Is it necessary to hire an attorney?

A: Technically speaking, no, they’re not. That would be the unauthorized practice of law, but, as a practical matter, most paralegals should be able to advise you on such matters unless you present them with an unusual set of circumstances or objectives with which they are unfamiliar. Paralegals are supposed to work under the direct supervision of an attorney if they are truly professional. Just remember that paralegals don’t have errors and omissions insurance if they screw up, attorneys do. Just be careful. Don’t be penny wise and pound foolish. Use an attorney if you can afford one.

A: For an unlicensed person to give you legal advice is against the law. There are services and on line sites that give you a way to draft your own documents but they don't give advice. You can even buy a book.

A Will is pretty simple until you start trying to account for asset protection, health care/nursing home cost avoidance and taxes (currently almost non-existent but the government is spending a trillion dollars on COVID-19 and dead people make an excellent source of revenue).

A: Generally, preparation of a document that requires legal judgement of an attorney, cannot be done by a non-attorney, without being supervised by an attorney. I hope this helps. Good luck. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer: This is for information purposes, not intended for, and may not be construed, as legal or tax advice. For specific advice please consult your legal counsel.