Wills and Trusts Lawyer
California Probate and Trust, PC helps clients fulfill their living and dying wishes with wills and trusts.
California Wills and Trusts
You love your family and want what’s best for them. That includes creating an estate plan, so they won’t have to argue with the courts or each other after you pass away. As a seasoned wills and trusts attorney, R. Dustin McFarlane will create documents that carry out your final wishes.
Wills and trusts are both tools used for estate planning, and many California residents have both. They draft wills to name a guardian for their children and an executor for the estate. Then, they create trusts to leave assets to beneficiaries and handle end-of-life decisions. Don’t worry if you’re not sure which documents you need. California Probate and Trust, PC will go over your options during the Family Legacy Strategy Session, so you can decide what to include in your estate plan.
What Can a Wills and Trusts Lawyer Do for You?
A California wills and trusts attorney can help you with every aspect of the process. R. Dustin McFarlane will customize the documents for you.
- Select a trustee or executor for your will or trust.
- Expedite the process for transferring property.
- Reduce the cost and tax burden for the estate.
- Implement a plan in case you become incapacitated.
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WHAT IS A WILL?
Your last will and testament provide instructions on how you want the court to handle your assets and other affairs, such as guardianship for minor children. Under California law, your will must be handwritten or typed, and you must sign and date it. Two witnesses, who are not beneficiaries of the will, must also sign it. Property distributed through a will must go through probate court. Probate can take a year or longer in California, meaning that beneficiaries will have to wait that time until they receive the property.
WHAT IS A TRUST?
Many people choose to create living trusts so their heirs can avoid probate when they pass away. You will place your assets in the trust, and you can continue to access them while you’re alive. When you pass away, the assets in the trust are transferred to your beneficiaries without going through probate. Also, if you become incapacitated and cannot make decisions, the trustee can manage your property and make other financial decisions.
FUNDING A TRUST
You have to fund your trust for it to be operational. Listing the property on the trust document isn’t enough. If you don’t actually place it inside of the trust, it will still have to go through probate. You must visit the institution where the account is held and change the title, so it’s in the name of the trust instead of your personal or business name. A wills and trusts attorney can facilitate this, so you don’t have to worry about your family going through probate. Going through probate isn’t just time-consuming. It’s also expensive, so this is critical.
REVOKING A DURABLE POWER OF ATTORNEY
A California wills and trusts lawyer can create other types of trusts for you as well. Many people choose special needs trusts to ensure that a disabled loved one continues to be cared for after their passing. Children’s trusts are created for minor children so parents can provide for their education and other needs. Other options include life insurance trusts, charitable remainder trusts, and spendthrift trusts. Your wills and trusts attorney will explain each one in detail and help you determine which ones you need for your estate plan.
Our Law Office is conveniently located at 9701 Fair Oaks Boulevard, Fair Oaks, California 95628, US