Revocable living trusts are increasingly favored for estate planning, primarily due to their ability to avoid probate. With a trust, property is transferred to a Trustee, who manages it for the benefit of beneficiaries, with the flexibility to modify the trust while alive. By becoming the property owner, the trust avoids probate upon the owner's death. Following the owner's passing, the trust becomes irrevocable, and a new Trustee executes the wishes outlined in the trust document regarding the property (trust administration.)
Wills
A will is a formal document that only goes into effect at your death. It directs the distribution of assets and expresses your wishes upon your passing. While typically cheaper than trusts, wills can incur higher settlement costs through the probate process. Wills can be amended or revoked during your lifetime and do not require the retitling of assets. Wills allow for naming guardians for minor children and they also allow you to specify an executor or personal representative.
Probate Litigation
California Probate is a court process to determine heirs and distribute assets of the deceased, even if there's a will. Estates valued under $184,500 may qualify for a simplified probate process. If you don't have a will, your loved ones will face a probate process that is costlier and lengthier, causing state laws to apply rather than your wishes.
Trust Administration
Trust administration involves managing and distributing the assets of a deceased person's trust. Typically, a family member or loved one serves as the successor trustee or executor, overseeing the trust and its distributions. This process includes activities such as asset collection, debt settlement, tax payment, and property distribution to beneficiaries in line with the trust's terms. It ensures that the grantor's wishes are carried out smoothly and efficiently, without the need for court intervention. We offer support and guidance to trustees navigating the legal complexities of trust administration during this difficult time.