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Estate Planning: Wills, Probate, and Living Trusts
Families’ two most popular estate planning strategies are Wills and Living Trusts. But contrary to what you would’ve probably heard, a Will may not be the best solution for you and your family. That’s primarily because a Will goes through probate when you die.
What is Probate?
Probate is the legal (and public) court process that validates and administers a deceased person’s Will. After authenticating a deceased person’s Will, a probate court will ensure debts are settled before releasing assets to beneficiaries per the terms of the Will. Probate is a public and often time-consuming and expensive process.
Dying without a Will or a Trust is called dying intestate. When dying intestate, the probate court will require your assets to be distributed according to your state’s law. Laws vary in different states.
Why Families Should Avoid Probate
Cost
Probate can often be expensive. Legal fees, executor fees, and other costs must be paid before your assets can be fully distributed to your heirs. In addition, if you own property in other states, your family could face multiple probates, each one according to the laws in that state.
For example:
A 1 Million dollar estate in California will cost $46,000 in probate fees (estate worth includes the fair market value of your home).
Time
As a court process, probate is time-consuming. In California, probate usually takes around two years, but often longer. During this time, the court usually freezes your assets while accurately inventorying your estate. Thus, nothing can be distributed or sold without the court’s and/or Will’s executor’s approval. Also, if your family needs money for living expenses, they must request a living allowance, which the court may deny.
Public Record
With probate, your family has no privacy. Probate is a public process, so any “interested party” can see what you own, your debts, who will receive your assets, and when they will receive them. This means the probate process “invites” disgruntled heirs to contest your Will and can expose your family to unscrupulous solicitors.
Lack of Control
Your family has no control. The court process determines how much it will cost, how long it will take, and what information is made public.
Why Choose A Living Trust?
Avoid Probate: Since the successor trustee distributes the assets according to the trust creator’s instructions, without the interference of the court, living trusts help you avoid probate.
Ensure Your Family’s Privacy: A probate can become a matter of public record. But a living trust is a private document.
Secure Your Assets & Loved Ones: A living trust sets out a clear plan for the distribution of your assets, which can help you protect your assets from certain people and provide care for a loved one with special needs.
Prevent Court from Controlling Your Assets in the Event of Incapacitation: When you have a living trust, the person you chose as the trustee can manage your assets—without the court’s interference— if you become incapacitated or ill.
What is a Living Trust?
A living trust is a legal document that, similar to a Will, contains your instructions for what you want to happen to your assets when you die. But, unlike a will, a living trust can avoid probate at death, control all of your assets with the use of a trustee similar to a business, and prevent the court from controlling your assets if you become incapacitated.
A good estate plan will include a living trust, pour-over will, durable power of attorney, and an advanced health care directive.
Yangxue Gao2024-02-08I had a very positive experience working with Julie. She provided excellent service and demonstrated a strong understanding of trusts and estate planning. Julie and her assistant Kelsey guided me through the process smoothly and ensured that all my questions were answered thoroughly. I appreciate their professionalism and would recommend their services to others seeking trust-related legal assistance.
Sunny Hy2024-01-29Working with Julie Ann was a great experience. We had her help us with our trust and tailored it to what we needed/wanted and followed up quickly and promptly, giving us peace of mind throughout the process. It was done within a reasonable time and cost. I would highly recommend her and her team if you were looking to get a trust for you and your family.
Chris Johnson2024-01-13Julie has helped me both personally and professionally for more than a decade. During those years Julie has shown herself as a great listener while presenting intelligent options and sound legal advice for both my family and my clients in their estate planning process. She has never disappointed. I'll continue to refer my friends, family and clients for a great experience!
Andy B2024-01-11Julie helped my wife and I secure our future with a Living Trust as well as a Post-Nuptial agreement. Julie was thoughtful and thorough in gaining an understanding of our specific needs and interests; was effective at translating complex legal-ese into something we understood; and was prompt and efficient in providing the final product. Kelsey supported this process as a legal assistant and was proactively communicative; ensured we had all necessary files, forms, and ephemera necessary to successfully complete what would otherwise be a confusing process. They are an great team and are highly recommended.
Ryan Lam2024-01-11Julie and her team were great to work with throughout the entire estate planning process. They were very understanding of our goals and always took the time to guide us through the complex information. After sharing my experience with friends and family, I have already had people asking for an introduction to Julie and her team!
Richard Ho2023-11-25Julie handled our estate planning needs very professionally. She has a lot of knowledge and experience and helped us understand the changes to the law that have happened since we last looked at estate planning. She is so calming and very patient to answer questions and make sure we understood everything. Her staff are super helpful and very friendly and accommodating. Highly recommended!
Barry2023-10-30I engaged the services of Ms. Sowards in July of 2022 for the purpose of drawing up my will and establishing my living trust. She carried these out to the highest standards, thus relieving me of a major concern. I highly recommend her to my friends, acquaintances, and anyone else who need this done.
Jerry Young2023-10-30Julie was phenomenal in helping me administer my great grandfathers trust. Her steps were easy to follow and I look forward to forming my own trust with her.
