FAQs

What is a pourover will?

A pourover will is a will done with a living trust. Your living trust names your beneficiaries while your pourover will names your living trust as the beneficiary of your will. If you create a living trust but leave assets out of your trust, or you acquire assets later that you do not transfer to your trust, the pourover will “pours” or transfers any left-out assets back into the trust. The pourover will is basically a safety net to make sure any assets left-out or [...]

June 9th, 2022||

Does my will avoid probate?

No! A will definitely does not avoid probate. This is a common misunderstanding. If you only have a will and your assets are just in your name with no beneficiaries, your will is going to have to go through probate in order for your loved ones to inherit your estate. This will require a long, expensive and document intensive process that could have all been avoided – but likely not with just your will.

June 9th, 2022||

Do i need a will?

Yes, everyone needs a last will. Even if you do not need a living trust, you need a will to direct who will inherit your estate. Without a will or a living trust (but you may not need a trust), the State of California will determine who will inherit your estate – and that person may not be the person you want. Preparing a last will is simple and easy, but there are requirements under the CA Probate Code that you want to be sure [...]

June 9th, 2022||

Are living trusts only for the very wealthy?

No, everyone who owns their house, land or even a manufactured home needs a living trust. There are many people who do not have a lot of money in the bank, but they own their house or manufactured home when they pass away. You do not have to be “wealthy” to benefit from a living trust. And your loved ones will thank you later when they do not have to go to probate.

June 9th, 2022||

Should i transfer my house into a living trust?

Yes, you should transfer your house to your living trust. By filing a trust transfer deed with the county where your house is located, you ensure your house will pass through your trust and not be subject to probate. This will save thousands of dollars that can go to your loved ones and not to lawyers or the court. But you want to be sure the transfer is handled correctly to avoid possible reassessment of your property taxes. And make sure to have an experienced [...]

June 9th, 2022||

What are the benefits of a living trust?

The main benefit of a living trust is that assets that pass through your living trust avoid probate, thus allowing quick and easy transfer to your loved ones. If you are married and create a family/marital trust, there may be estate tax advantages for the surviving spouse. And a living trust is a document that protects your privacy (unlike a will which is filed with the court and is part of the public record anyone can see).

June 9th, 2022||

Do i need a living trust?

If you own your house, you need a living trust. If you are married and own your house together, you should create a family/marital trust. If you want to set up a trust fund for someone or give someone the right to live in your house after you die (but not own it outright), you need a living trust. And most importantly, if you want to protect your assets from going through probate, you need a living trust. Have an experienced estate planning attorney prepare [...]

June 9th, 2022||

Do you offer notary services and are you available to notarize my living trust and other estate planning documents?

We currently offer notary service for all clients. In most cases notary service is included when you retain us to prepare your living trust or other estate planning documents. If you require notary service for outside documents not prepared by our office, we can assist you with that for an additional fee. All visitors who utilize our in-office notary service must adhere to COVID-19 safety guidelines, including mask wearing and social distancing.

September 13th, 2021||

Are you available for zoom video consultations?

We currently offer meetings with clients using zoom videoconferencing. You can schedule a zoom consultation with a member of our staff and they will email you a link to easily connect to zoom for a safe and confidential consultation with our attorney or a member of our staff.

September 13th, 2021||
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