A revocable Living Trust is a legal entity that is a ‘person’ in the eyes of the law. It allows you to transfer the ownership of your property (home, bank accounts, etc.) from your name as an individual to an entity called a “Trust” which you control as the “Trustee”. You can transfer assets or change the provisions at your discretion. A Living Trust is designed to avoid Probate or Conservatorship, and to pass assets down to your family or loved ones without the interference of outsiders.
How it works
When you set up an Estate Plan with a Living Trust as its legal centerpiece, you are both the Trustor (the person who established it) and its original Trustee and Beneficiary (the person who gets the benefits). Successor Trustees can later take your place instantly if needed, to see that your instructions are carried out.. Included in your family’s Living Trust Estate Plan are other documents that will also work for you to avoid the need for court supervision, saving your family unnecessary costs, delays and lack of privacy.
Included in your Estate Plan
- Administrative Instructions
- Document Signature Instructions
- Living Trust Agreement
- Pour-Over Wills
- Community Property Agreement
- Durable Power-of-Attorney for Health Care
- Directive to Physicians Regarding Use of Artificial Life Support
- Successor Trustees Instructions
- Final Instruction Checklist
- Funding Your Trust
POWER OF ATTORNEY FOR HEALTH CARE & PHYSICIAN’S DIRECTIVE
In the event of your disability, you designate a person with the Power of Attorney, who will make any medical decisions necessary for your benefit and your care. In addition, the Physician’s Directive, (also known as the “Living Will”) enables you to accept or decline artificial life support in advance of any medical emergency.
The Pour-Over Will is prepared in the Estate Plan for your protection. We include it in case you are unable to move some assets into the Living Trust prior to death. It acts as a legal “safety net” for those assets left out of the Trust. It names your executor and how assets are to be distributed. If you have children who are minors, the Pour-Over Will designates the legal guardian you choose to raise your children, rather than having a court appointed person.
Your Successor Trustee (back-up trustee) is entrusted with certain legal powers, duties and responsibilities that must be exercised with care, prudence and common sense. Most people choose a family member or trusted friend as their Successor Trustee. Some might select a corporate trustee (bank or trust company). Whomever you choose, as a professional courtesy to you, we will conduct a free trustee meeting to brief your trustee(s) on what is expected of them and to answer any questions they may have regarding their role as Successor Trustees.
FINAL INSTRUCTIONS CHECKLIST
We provide a detailed checklist that will help your Successor Trustee take the necessary actions to protect your interests in a time of crisis. However, if needed, our staff can help your trustees resolve any problems they may face in completing their duties and protecting your interests and those of your heirs.
How can I learn more?
Set up a Private Consultation with an Attorney.
How do we get started?
Take a few minutes to determine which of your assets you can least afford to lose. Then after a private consultation ask us to prepare a LIVING TRUST ESTATE PLAN. We will gather the information on what you want done, have the legal documents prepared and it will be ready for your signature. We will show you how to integrate it with the rest of your Business Planning, Financial Planning and Asset Protection. Contact us.