|
If you have total assets of over $100,000, you need to create a LIVING TRUST, also called a FAMILY TRUST to protect your loved ones and to avoid probate!
If you need a LIVING TRUST- don't hesitate to call!
David Casey, Attorney
365 Broadway, Suite 203. El Cajon, California CALL (619) 447-6780 - E-mail: Familylaw1@aol.com (Note: This web site is for general information only - there is no inference that the law office of David Casey represents you in any way until a retainer and fee agreement is signed by you and attorney David Casey). Any documents drafted without you coming into my law office or via the internet is considered in Pro Per and solely based on your representation of facts. LOOK what a TRUST PACKAGE includes - click here Table of Contents for Trust Click here. A properly constructed trust will help protect your assets AND distribute your assets to those you specify after you have passed on. A trust is much less expensive for most than a probate matter which can be very costly. You must also take into consideration that the government will be less involved in your private affairs than it would during a probate matter when your entire estate is normally open for public viewing. |
"Without a Properly Constructed Living Trust, you're opening your estate to probate and passing on a lot of headaches to your loved ones. You are giving your hard earned money to others. Probate is expensive and often has a devastating effect to the spouse or family members. California Probate is also a long process so it is very important that you have an attorney who will take the time necessary to ensure the success of the trust. Don't risk what you worked a lifetime for. Since probate matters are complex, a much better way to go is having a"Living Trust"A Living Trust will give your family or your beneficiary, your estate without the need of costly and lengthy probate and attorney fees.Protect your estate from probate with a "Living Trust"WHY DO YOU NEED A LIVING TRUST? Just click the buttons at the right to find out more. |
|
Without a living trust, most estates require some sort of probate after a certain dollar amount is reached. Any estate over $100,000.00 in assets may need to be probated in California. A will does not stop the need for probate. A living trust can protect you and your loved ones now and in case you are no longer able to manage your assets. With or without a will, some sort of probate is required in most cases. There may be other ways to transfer property before your death but most have substantial draw backs. Isn't it much better to have your wishes spelled out in a trust instead of relying on probate to divide your property? Even in small estates, a family trust can save your family a substantial amount of money. For an estate in California that is worth just over $100,000.00, there will be court ordered attorney fees of $4,000. This is several times the cost of an average family trust. Most trusts cost between $1,200.00 to $2,000.00 with most averaging around $1,500.00.PROBATE OPENS YOUR LIFE TO THE PUBLIC. In other words, all your accounts, assets, etc. and to whom you leave them to will be open to the public. Anyone can visit the court house to pull your file to copy the documents. This information can even be sold to companies. Do you want your information to be exposed to con-men scamming against you? I think not. Probate also has bad side effects. Unfortunately, when it comes to money issues or division of property, it can generate heated (and expensive) legal arguments between family members which not only costs the family time and money, but it may be even tear your family apart by causing mistrust between the surviving members. Trusts can certainly help lower the risk of family disputes substantially. Why not take the emotional side out of it as much as possible? -- Why should you have to worry about if your wishes will be granted. A properly prepared and funded trust spells them out. Outside of saving your estate from fees by the court, it also allows you to voice your wishes as to how you want your property distribution after your death. YOU MAY HAVE HEARD HORROR STORIES from others about their frustration, pain and expense of probate court. A probate matter will take between nine (9) to fourteen (14) months to complete. That's a long time. It is always sad to watch in dismay as family and friends fight over a parent's or grandparent's legacy. What is even more sad is that I have seen families come apart over the will and wishes of a beloved family member. As a family law attorney, I can tell you probate disputes can be worse than a contested divorce. A trust helps prevent this from happening. The goal is to help bring families together, not rip them a part. Sometimes people call attorneys, estate planners, or trust attorneys. My philosophy is that I am a counselor at law. What I do is to take the wishes of the client, then advise them what their options are and how their decisions will affect them. Then, based on their wishes, I counsel them on what is their best options for the desired results. Based on the client's input and their desires, the documents are prepared utilizing my skills, knowledge and abilities to draft the necessary documents to achieve your desired results. All too often I have seen people fight their way through probate. At a time when they should be coming together to deal with their loss and celebrate the good memories, they are fighting over the choice of lawyers, who will be appointed by the court, who will do the estate accounting and how to distribute the assets and of course, the legal expenses. Worse yet, people you may have never expected to, end up fighting over your assets or rights to be part of your estate. A TRUST IS ALSO A GREAT WAY TO HELP PROTECT YOUR CHILDREN'S ASSETS IF THEY ARE RECEIVING SOCIAL SECURITY DISABILITY Many times with an adult child/dependent, they may have either an emotional problem or disability. It is important to set up the trust to ensure the benefit they are receiving will continue after your death. It is possible to set up a trust within the trust to take care of just that. WHEN YOU PASS ON, IT SHOULD BE A CELEBRATION OF LIFE NOT THE MEMORY OF LITIGATION. I'm sure most people would prefer this. Celebrating your life and your memory should be a beautiful moment. Sure we all wish you could live in good health for a long time, but events do happen that can end our life much sooner than anyone thought possible. Of course, our loved ones will be sad in many ways and grieving the loss. But adding the stress of probate to their grief, takes away from the good memories they should be celebrating. |
|
A WILL IS NOT AS SUBSTITUTION FOR A TRUST, BUT IS AN ADDITION TO ONE. Even the best will can not replace a good trust. Maybe you already have a will and you have maintained it so it is completely up to date. You may have even taken steps to ensure that the will itself is clear, concise, and uncomplicated. But - be aware of emotions and confrontation. They are the keys to your undoing. People are emotional. We can't change that nor we should even try to. Emotions are what makes us special individuals. But when there is a death of a loved one, emotions can mislead us into believing something other than what we see really see. Death of any one with whom we have a connection with is a stressful time. To lose a parent -- even if the loss is expected -- brings out the worst fears in people.
These are all completely normal. With a trust it is much more manageable than a long probate matter. For those who don't have a will or a living trust when this happens, you start to mix in substantial assets and confrontation into the boiling pot, then what does it stir? Many times the boiling pot is filled with a volatile mix that leads to disaster. One of my goals is to try to take everything out of the pot so it can boiled down to have less emotions. THERE ARE SO MANY OTHER COMPANIES OR PEOPLE WANTING TO PREPARE THESE IMPORTANT DOCUMENTS FOR ME-- WHO SHOULD I LISTEN TO REGARDING A FAMILY TRUST?A Living Trust is one document. There are supporting documents that should support your trust documents to make it a complete estate package. It is not just drafting one document, but everything you need. My consultation with you is to create a positive thinking about your estate and in case of your death what you want to happen to it and why. After gathering all of the information, my next project is to create a trust to that specifies your needs. When you come into my office, I will spend the necessary amount of time with you to get you going in the right direction. The information-packed communication and discussion will address the most common questions and important answers about living trusts. And "Why should you listen to what I say?" I have been a family law attorney for many years. I have seen a lot of changes in the court system with regard to family law matters. Even though probate has not changed as much as some other areas of law, estate planning and how a trust is written has. No matter if your needs are simple or very complex, my office is here to assist you. I know the need for living trusts. Certainly, if my office is the first one you have called, I welcome you to contact other attorneys and to find one that you are comfortable with. Don't just retain an attorney on fees. Check into what you are getting. Check to see what is included. This web site is intended for general information only and does make any inference that this constitutes a retainer for my services or that I represent you. This communication is an “Advertisement” as defined by the California Rules of Professional Conduct and California Business and Professions Code. No communication herein shall create an attorney-client relationship unless a separate retainer agreement is signed by an attorney and client. This material is for informational purposes only and not intended to provide legal counsel or legal advice to you. |
This web site is intended for general information only and does make any inference that this constitutes a retainer for my services or that I represent you. Any documents via the internet is considered prepared in Pro Per.