Orange County Trust And Will Lawyer

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Trusts and Wills in Orange County

Do you find yourself putting off estate planning because it makes you think of your own mortality? It’s human nature to put off what makes you uncomfortable, but estate planning doesn’t have to be a stressful event. Instead, creating a will and trust empowers you by allowing you to maintain control over who receives your property, cares for your minor children, and more. Without it, the state will be left to make crucial decisions on your behalf. The very thought of putting the power in the state’s hands is enough to keep you up at night, so visiting a trust and will attorney is vital.

Our Orange County trust and will lawyer can prepare all the documents you need for your estate plan. Contact us today for a free strategy session to discuss wills, trusts, and other estate planning needs.

Reasons Wills and Trusts Are Important

When you use our Orange County trust and will lawyer, you will enjoy numerous benefits. These estate planning tools will allow you to:
  • Avoid entering into a conservatorship to manage your finances.
  • Determine who receives your property.
  • Choose someone to care for your minor children.
  • Protect your assets.

Purpose Of A Will

You will draft a last will and testament to determine who will receive both personal and real property from your estate. You can leave your property to people, charitable organizations, and more when drafting a will. Additionally, you can name a guardian for your minor children and even choose someone to take care of your pets.

If you do not have a will in place when you pass away, you will have died intestate. Then, the court will distribute your property based on inheritance laws. Your spouse will be the first in line. Your children and parents will be next, followed by siblings, grandparents, and other relatives. The court will also choose who will take care of your minor children, if applicable. You can keep the power and control in your hands with help from an Orange County trust and will lawyer.

Revocable And Irrevocable Trusts In California

Many Orange County residents create revocable trusts to hold their property. Anything inside of the trust does not have to go through probate, so it’s not made public. You can serve as the trustee when creating a revocable trust, and you have the power to terminate the trust at any time. Additionally, you still own the property inside of it, so you can make changes if you like. For instance, if you add your house to a trust, you can refinance or sell it as long as you’re of sound mind.

Unlike a revocable trust, you cannot change or terminate an irrevocable trust with one exception. California law allows these trusts to be modified or revoked if the beneficiaries and trustee agree to do so. If one person holds out, though, you cannot change or terminate it. While these trusts aren’t as flexible, they provide asset protection benefits and can also help with long-term care planning.

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Changing A Will

Because your last will and testament won’t go into effect until you pass away, you can modify or revoke it if you wish. With that in mind, it’s recommended that you review your will on an annual basis to see if you’d like to make any changes. Then, your Orange County trust and will lawyer can help you update it if needed. By keeping your will up-to-date, you can ensure your wishes are honored when you pass away.

Incapacitation And Trusts

You will name a successor trustee to take over managing your revocable trust if you become incapacitated. It will turn into an irrevocable trust if that happens, meaning it cannot be changed or revoked. Instead, it must stay as it is, and the successor trustee will distribute the property based on the guidelines in the trust. By having a successor trustee, you’ll prevent your family from petitioning the court for conservatorship to manage the assets inside of it.

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