 |
Free No Obligation Consultations Available
Call Now (805) 374-8777

|
|
|
REVOCABLE LIVING TRUST ESTATE PLAN
Question:
What is a Complete Revocable Living Trust Estate Plan?
Answer: A Complete Estate Plan includes
all of the following:
|
Question: Where is a Complete Revocable Living Trust needed?
Answer: A Complete Revocable Living Trust is needed when:
When a person or couple own assets in California greater than $20,000 in Real Property, or $80,000 in Personal Property, they should have a Revocable Living Trust.
When a family has minor children, or young adult children, the family should have a Revocable Living Trust to control the property for the benefit of the children.
The Living Trust has control over only that property which is actually transferred to it. Unless you or your loved ones can produce a document which vests ownership of a particular asset in the name of your Living Trust, that property may have to go through probate.
-
Provides one planning document full of instructions for your care and the care of your loved ones.
-
Provides continuity in the handling of your affairs by efficiently transferring your property to your loved ones.
-
Fully avoids probate on your disability or death with respect to its assets.
-
Easily moves with you from state to state.
-
Creates protective trusts for your loved ones that are free from the supervision of the probate court.
-
Can easily be changed should you desire to do so.
-
Enables you to rely on your Trustees should you wish to travel or otherwise delegate the day-to-day management of your financial affairs.
-
Is difficult for disgruntled heirs to attack.
-
Ensures your family's privacy following your disability or death.
-
-
Upon your death, your Pour-Over Will transfers any property to your living trust that you did not put into it before your death.
-
The Pour-Over Will functions as a safety net to make sure property you neglected to place in your trust can ultimately be managed by your Trustees pursuant to your instructions.
-
If you diligently put all your assets into your living trust, your Pour-Over Will's personal representative should have little or nothing to do upon your death.
top of page
-
As you buy and sell various assets, you will be transacting your business as a Trustee of your living trust. The people with whom you deal will want to know (and verify) that your living trust is, in fact, in existence, that you are one of its Trustees, and that you have the authority to transact the business at hand as a Trustee. The Certification of Trust provides that proof.
-
It would be cumbersome for you to provide others with your entire living trust or Estate Planning Portfolio. This would give them far more information than they want, need, or are entitled to. It would also destroy the confidentiality built into your living trust plan.
-
Your Certificate of Trust is a document that enables you to avoid disclosing the particulars of your living trust plan. Along with specific pages from your living trust, it contains all the information that will be needed by people that you do business with. You will be using your certificate of trust repeatedly over the years as you buy and sell trust assets.
top of page
-
This power of attorney is "durable" in that the persons to whom it is given can continue to fund your living trust even if you are disabled and unable to do so. Unlike a general power of attorney, your durable special power of attorney will survive your disability.
-
It is "special" in that it gives its holder only the right to put your property into your living trust and or control property not in the trust for your benefit. The holder cannot use this power of attorney for any other purpose.
-
Durable special power of attorney is often given to close family members and trusted advisors. This is done so that you can be assured that someone will be available on short notice to fund your trust in the event of a medical emergency.
top of page
Advance Healthcare Directive
-
This Directive grants a power of attorney or agency which is "durable" in that the persons to whom it is given can make health care decisions on your behalf if you are disabled. Unlike a general power of attorney, your durable special power of attorney will survive your disability.
-
It is "special" in that it gives its holder only the right to make decisions regarding medical attention and services. The holder cannot use this power of attorney for any other purpose.
-
This directive may also include power to make decisions concerning "Do Not Recessitate" Orders, and orders to avoid heroics or extraordinary measures in terminally ill patients.
-
Durable special powers of attorney are often given to close family members. In the event of a medical emergency, this document can be presented to a health care service provider as written documentation authorizing the holder of the power to make health care decisions for you if you are unable to do so.
top of page
-
These forms transfer your personal property into your trust, thus having the trust control the property for the beneficiaries.
-
Other documents allow you to leave specific personal effects to specific loved ones without having to go to the time and expense of changing you pour-over will or amending your living trust.
-
If you wish to use the memorandum for the disposition of tangible personal property, it is important that you carefully follow the instruction that we have provided to assist you in filling them in. If you follow these instructions carefully, your Trustees and loved ones should have little difficulty following your instructions.
top of page
-
Upon the death of surviving parent of your minor children, the court will appoint a guardian to care for your children. The guardian will have all the power over all decisions for your children's benefit, in the same manner as you would, had you survived.
-
The court is not obligated to follow the nomination, however, absent some compelling argument in opposition, the court will follow the parents wishes.
-
It is important, as with all other nominations of Trustees, Executors, etc., to notify the potential guardian(s) to insure their understanding of your desires.
top of page
-
This form provides the proof of the transfer of personal business interests where there are not shares to re-assign, or other agreements to amend. Typically a business which is a sole proprietorship, or partnership requires this form of evidence of the transfer.
top of page
|
|
|