California Revocable Living Trusts
  
The revocable trust, also called a living trust, is a testamentary device with numerous advantages over a will alone: It enables one to appoint a trustee who will have discretion over whether to pay income or principal to trust beneficiaries. Perhaps one child will be starting a business, while the other has married a Microsoft Executive. Or, perhaps the creator of the trust wants to encourage his children or grandchildren to pursue higher education. The trustee can be directed to encourage these pursuits over others, and pay income or principal to the beneficiaries accordingly. Moreover, the trustee can also be directed to withhold payments if the beneficiary exhibits negative behavior, say a drug addiction or gambling habit.  These are just a few examples of the flexibility that a revocable trust has in providing for beneficiaries.    The following are a few of the advantages of a properly drafted revocable trust:
                 
  • Avoiding California probate cost (Our office will work with you to determine the cost savings);
  • Your trustee may be able to act more quickly than an executor can to administer and distribute the estate, as a result of acting independently of probate court supervision;
  • May eliminate the requirement of multiple probate proceedings if assets are located in different states;
  • Avoids the costs and hassle of conservatorship proceedings in the event that the settlor faces lifetime disability or incapacity;
  • Enables your assets to be managed over the long term and without unnecessary asset sales, even in the face of incapacity or death; and
  • The increasing familiarity of banks and other financial institutions with trusts.
             
A revocable trust may not be for everyone. Also, a revocable trust should generally be created along with other legal documents, including a California Power of Attorney, California Advance Health Care Directive, and Will. Our Peninsula estate planning lawyer will work with you to determine whether a revocable trust would be appropriate with respect to your asset situation, desires, and budget.
 
Contact our Menlo Park Law Office today to have a complimentary discussion on your next steps.
    
    
  
               

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