Further­more, if both joint tenants die simultaneously, both of their estates will require probate, although, in some instances, both estates can be probated or administered through one court action. The survivor becomes the sole owner of the prop­erty and should make additional provisions for distribu­tion upon their death. Joint tenancy is a useful estate planning tool, but to rely solely on joint tenancy ownership for estate planning is generally a poor ide

When we discuss your needs, our team can explain the applicable laws, and the services we offer that may meet those needs. You will encounter only compassion and understanding, and every member of our team is dedicated to providing services that help give you peace of mind. We can protect your assets from creditors, lawsuits, or even Medicaid. If there is already a lawsuit in the works, you may not be able to use this type of trust to protect your asset

In the event of family disputes or challenges to the estate plan, our attorneys can provide guidance, mediate disputes, and work towards resolutions that protect your interests and maintain family harmony. Changes in family circumstances, such as marriage, divorce, or the birth or adoption of children, can significantly impact estate planning. Considering the significant changes in the federal estate tax laws, most documents drafted before 2008 may contain unnecessary restrictions that can cost the family significantly if not addressed. Personal Information Most estate planning attorneys will require that you fill out their estate planning forms and gather estate planning documents before they will meet with you. Once you become an adult, you will need some level of legal documents to take care of who and what you love. When you pass away, your estate goes through the probate process, and the probate court ensures that your executor distributes your assets per your will. Whether or not you have a will, your beneficiaries or a named executor may need to go through a court process called probate to distribute your assets. In California, assets acquired during a marriage may be considered community property and may pass to the surviving spouse when one spouse die

Once a Will or a revocable living trust in place, a person can rest assured that their final wishes will be carried out and that they helped make this difficult time a little easier for loved ones. The trustee manages the assets in the trust according to the grantor’s instructions and then oversees the distribution of the assets after the death of the grantor. As the name suggests, a revocable living trust is a legal document that goes into effect while a person is still alive. While it doesn’t shield assets from creditors or reduce estate taxes, it remains one of the most effective and widely used ways to help simplify the transfer of property and maintain control during your lifetime. Revocable trusts allow for changes including who the beneficiaries and trustees are, what assets are included and instructions for asset distribution. An irrevocable trust, which can also be a type of living trust, details your assets and how you’d like them to be distributed to your beneficiarie

And we welcome the opportunity to serve our community, including teachers, military service members, and first responders. At Smith Strong, we believe, after the will-based plan, clients should consider adding the Living Trust. Learn more about these approaches in our FREE, live workshop (now also on Zoom video live), sign up is free, and we have workshop dates and time during the weekdays and in the evenings 2-3 times per month. The pour-over will, living trust, and asset protection trust work together to provide a solid and effective estate plan. The living trust is like your wallet, and the asset protection trust is like your safe in the basemen

That said, the whole process to create a foundational estate plan usually runs five weeks from initial steps like a consultation to signing Estate Plan documents. It’s vital to get this right, and to keep getting it right as circumstances change. It really depends on the complexity of your specific situation, which a good attorney will take time to understand fully. We have offices throughout California, and we offer in-person, phone, and Zoom appointments. The lawyers and staff at CunninghamLegal help people plan for some of the most difficult times in their lives; then we guide them when those estate planning California times come. Once again, this is not a simple or static collection of documents, but one that must be properly created, archived, maintained, and updated over tim

One of the biggest differences between a revocable and irrevocable trust is your ability to make changes to the trust once it’s created. It also might include related legal documents, such as an advance directive regarding medical decisions and a certification of trust, which summarizes important trust terms and information. Depending on the nature and estate planning California amount of property, one or more of these non-probate devices could be a less expensive way for you to avoid probat