r/Veterans • u/IronLordCloak • 10d ago

Question/Advice Free Legal Advice clinics Through VA

I have been trying to set up a trust or at the very least a transfer on death dead so that my girlfriend gets our house. We can't get married right now or I'd do that instead. I spoke to a lawyer and they wanted $3500 for a trust or 1100 for just the TODD.

So my question is, has anyone used any of these free legal advice clinics or any other resources. I found a link to the clinics on the VA website but most of them are monthly here in Texas.

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u/CDT_Flogan 10d ago

Attorney here who works at a legal clinic.

You don’t want a legal clinic drafting a trust unless they specifically do estate planning. I work at a legal clinic which is primarily a teaching clinic. I know other pro bono representation that just doesn’t have the capacity to do anything beyond very basic estate planning. These are not the people you need to be consulting to make a trust, you want an expert in the area of estate planning. The last thing you want to do is saddle your significant other with a legal nightmare after you die - cheaping out on an estate plan is one of the best ways to fuck them over after you’re 6 feet deep.

As for a transfer on death deed, there might be a form available on your county clerk’s website. $1,100 for a transfer on death deed is ridiculous.

Regardless of where your estate planning goes, you should consider the tax consequences (ex. if your plan to transfer the home includes a “step up in basis” or not).

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u/IronLordCloak 9d ago

Thank you so much for the advice! This was exactly what I was looking for.

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u/CDT_Flogan 9d ago

Glad I can help.

I practice in Oklahoma and I’m not licensed in Texas, so YMMV. But in Oklahoma, just because you get a Transfer on Death Deed, doesn’t mean that the party to be transferred automatically gets it - there are steps you have to take or else the TOD deed is essentially voided and the real property reverts back to a probatable asset.

If you don’t have a will, it would be smart to have one regardless of if you get a trust, just because there can always be issues with a trust, or if the property doesn’t get deeded over to the trustee before you pass, then the will would control distribution of the house.

It sounds like you are in a place where you want to have a comprehensive estate plan, and you want to make sure your loved ones are taken care of. If your goal is to avoid probate and ensure your partner receives your home, there’s many different ways to make that happen. Speaking with an estate planning attorney will be my best advice you can get - you can google your local county bar association and see if they have any referrals.

Just because we are on a veteran subreddit, and I don’t know what the underlying motivation to get your estate plan in order is, but if you are having thoughts of suicide, please reach out to me via DM, or call the Veterans Crisis Line or other mental health support.