Probate Avoidance – What Does That Really Mean?

While estate planning buzzwords like “Probate Avoidance”, “Beneficiary” and “Property Transfers upon Death” are becoming more common, the understanding of these may not be fully realized. This article takes a closer look at a common phrase used by people performing research for their estate plan – “Probate Avoidance”.  While this article lays out some of the stresses of probate court, it may only apply to those who do not have a solid estate planning instrument in place.

So in many cases with estate planning, consumers of Living Trusts and Wills in California are looking to transfer property to their loved ones […]

Where to File My Living Trust in California

With the “Baby Boomers” aging and more awareness with regards to estate planning, Living Trusts are as popular as ever as a tool for California residents to state their wishes as well as attempt to avoid the California probate process. While Living Trusts are common, understanding many of the details, documents and how it all functions can still be elusive to those getting ready to have Living Trusts prepared as part of their estate planning.

One big question that people getting ready to prepare living trust documents could be “Where Do I File My Trust”.  This is a relevant question as […]

Revocable Living Trusts: The Common Advantages

If you are considering including a revocable living trust as a portion of your established estate plan, it is important that you recognize the common advantages of including a trust. While doing research you may come across a wealth of information and it may seem a bit overwhelming so here are some typical advantages to revocable living trusts in California

The Benefits of Having a Revocable Living Trust Prepared

To Avoid Probate: This is perhaps the greatest potential benefit of when it comes to utilizing a revocable living trust. With a revocable living trust, you can usually avoid putting your property […]

What’s The Difference Between A Will, A Living Will And A Living Trust?

A WILL is a legal document created by someone to express their wishes regarding the distribution of their assets after their death.  An executor is named, whose job it is to distribute the assets to the beneficiaries according to what is stated in the will. If the value of the assets is significant, a probate will be required to legally transfer the assets to the beneficiaries.  In a will, a guardian can be named for the care of the minor children, if one is needed. A will is a fairly simple document that can be revised as circumstances change.


How Does A Living Trust Work?

A living trust is a created legal entity, separate from the person who it is created for, called the trustee.  The living trust takes legal ownership of the assets that are put into the trust. The trustee controls the assets during their lifetime. Like a will, the living trust will contain instructions on how property is to be distributed after the trustee’s death.  A successor trustee is named, who will handle the distribution to the beneficiaries (the people or organizations who will receive the assets). This transfer of property will be handled outside of probate court, saving money, time and […]