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How To Create A Living Trust In California

Updated: Dec 1, 2022

The Why's And How's Of Creating A Living Trusts In California

You have a range of alternatives when drafting your estate plan for deciding what will happen to your possessions after your passing. Some people are content with a straightforward will.

Still, will have substantial restrictions regarding safeguarding your assets and regulating the specifics of how they will be distributed. Adding a revocable living trust to your will is one approach to strengthen your estate planning strategy.

Here are a few tips on why and how you can do that, as advised by our prescreened living trust lawyers in Los Angeles.

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Living Trust Vs. Will In California

So, what is a living trust in California? How is it different from wills?

A will is a written document that outlines who gets what and who's in control and complies with all legal requirements in the California Probate Codes. A will only take effect after your passing.

A California living trust is an integrated document. It enables you to manage your assets while you're still living. In addition, it offers a quick and easy method of distributing your assets after your passing without the need for a court order.

Because your instructions and wishes are expressed contractually following the California Probate Codes, the living trust document integrates your wishes with the state's probate laws. As a result, there won't be any need for a court hearing or a probate proceeding after your death.

To ensure your estate planning documents reflect how you want your assets to be handled, contact a prescreened living trust lawyer in Los Angeles.

What Advantages Do Revocable Living Trusts Offer In California?

A revocable living trust designates how your assets can be used both now and in the future. However, in contrast to other forms of trust, a revocable living trust allows you to access and use the assets for as long as you live. You may also alter the trust's terms at any moment or revoke the trust altogether.

Comparing a living trust to other estate planning techniques, particularly irrevocable trusts that restrict your control over and access to the assets, this flexibility is one of the living trust's most salient advantages.

The assets held by a revocable living trust are immune from California's probate, which is another significant advantage. This implies that you can decide how the assets are dispersed without relying on your estate's executor or an administrator.

Instead, you can make specific arrangements for their distribution that will go into effect after your passing. Additionally, trust distributions are significantly more private than probate distributions, which are public information. Contact a Los Angeles living trust attorney to help you manage, organize, and put things into paper.

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The Steps To Fulfill California Trust Requirements

A California trust lawyer would typically walk you through the following steps to create a living trust:

1. Selecting A Trustee

A revocable living trust often names a trustee for the trust's duration. If you decide to act as your trustee, you will oversee the assets for however long you can.

If you believe someone else is better suited to administer the assets, you can also appoint them as the trustee. In any case, it's crucial to designate a successor trustee who will oversee the distribution of the assets after your passing or if you become incapable of managing them while you're still alive.

2. Naming Your Beneficiaries

The revocable living trust's beneficiaries can be anyone you choose. The spouse, children, grandchildren, and other dependents or relatives of the grantor, as well as charitable organizations, are typical beneficiaries.

3. Deciding What Assets To Include

Depending on your requirements and preferences, you can give trust control over assets from your bank accounts, investment portfolios, home, and other real estate properties.

4. How Will The Assets Be Used Or Distributed?

After passing, you can choose how the assets will be distributed to your dependents and beneficiaries. For example, you might want to specify whether some assets should be distributed immediately or in installments over time.

Another option is to provide a time frame after which payouts will start, such as when the assets mature or when your beneficiaries reach legal adulthood.

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Do you need a California trust lawyer? 1000Attorneys is a State of California Certified Estate Planning Lawyer Referral Service that can refer you to a prescreened California lawyer in minutes. Contact us through our 24/7 live chat (or complete our case details submission form) for a free initial consultation.

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