Unlike financial assets, which can generally be divided easily among your children or grand-children, tangible personal property, like a wedding ring, is unique. Families fight over everything from ownership of a valuable painting, to a grandfather clock, to Dad’s gun collection, to who gets Grandma’s wedding ring.
The word “probate” often causes a severely negative reaction. For many people — especially those with large estates — estate planning attorneys recommend keeping property out of probate whenever possible. The probate system was ultimately established to protect property, and protect those people entitled to inherit it. In a few cases, probate may even work to an advantage.
It is very important to avoid probate. You may think that a Last Will avoids probate after you pass away – but it does not. Everyone pictures a scene out of a movie where the executor reads the Will to the family, and then everyone gets their inheritance. It is never that simple!
Should you create a last will or a living trust? In determining if you should create a last will or a living trust, it is important to understand what happens after you pass away, including the legal considerations, the role of your executor, and the distribution of your specific assets.
A durable power of attorney allows your property and financial affairs to be managed the way you want in the event you become incapacitated.
One of the biggest decisions you will make when creating your living trust is choosing your successor trustee. I always tell my clients it is important to select a successor trustee they count on, as that person will ultimately be responsible for protecting and distributing your assets to your loved ones.
After the pandemic in 2020, the popularity of people preparing their own wills grew. As many of us realized after the pandemic, it is more important than ever to put legal affairs in order. While I always recommend contacting a lawyer to prepare your estate planning documents, if you decide to prepare your own last will, here is some helpful information that would have saved my past clients a lot of grief.
Many people I have worked with over the years come to me not really knowing what an estate plan includes. Most have heard the terms “living trust” and “last will”, but are not sure what they need, or how a trust or a will can help them. We can help you determine what the best estate plan is for you.
We often do not think about death and its impact until we, or someone we love, has experienced the pain and confusion that comes with losing a loved one. I would be very happy to help you and your loved ones navigate through protecting your home and family today. If you have questions, or would like to learn more about the difference between a living trust and a will, please contact our office at (760) 673-7600.
It is important to review your trust if there are significant changes in your personal circumstances, such as a death, a divorce, the birth of a child or grand-child, or if there have been significant changes in your personal finances.