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Revocable Trust Lawyers

Work with a living trust attorney to ensure your loved ones are protected from probate when you pass.

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408-350-5470

We Will Help You Every Step Of The Way

01

learning about all your situation

02

Pair you up with the Perfect Attorney

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Craft the best strategy for you.

What Is Probate?

Probate in California is the court's process of transferring or inheriting property, validating wills, and resolving debts of the deceased. This includes your home, bank accounts, cars, and anything valuable.

The Superior Courts of California oversee this process, ensuring that debts are paid and property is transferred.

Why Should You Avoid Probate Court?

There are a few reasons to avoid probate court:

First, the court process can take a longer time to ge through, and also involves fees that could amount to thousands of dollars.

If you opt for a trust, you can avoid probate costs and the lengthy timeline. Estate taxes, which can be as high as 30 to 50% of your property's value, are also imposed upon assets transferred in probate.

In contrast, with the right estate planning tools, these taxes are only applied to assets exceeding a certain threshold.

Privacy is another major concern with probate court. Your personal and financial information becomes part of public records, offering little to no privacy for your loved ones.

What is a revocable living trust?

A Revocable Living Trust safeguards your assets during your lifetime and ensures they are distributed precisely as you desire after you pass away. You also have the ability to modify or cancel the trust while you're alive and of sound mind.

What is the disadvantage of a revocable trust?

Creating a revocable living trust can be more expensive than a simple will due to legal fees and document preparation

And managing a trust requires ongoing paperwork and record-keeping. Unlike some other estate planning tools, a revocable living trust does not offer direct tax advantages or reductions, and doesn't protect against creditors or lawsuits like an irrevocable trust can.

How do you work around the disadvantages of a revocable trust?

For many clients, the pros of revocable trusts vastly outweigh the cons. And when creating the trust, there are ways to mitigate the cons.

For example, in the trust, you can add specific stipulations for how to modify the trust, which better protects your assets.

You can also make your revocable trust irrevocable upon your death, thus protecting your assets and ensuring the protections of an irrevocable trust while still giving yourself flexibility during your lifetime.

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