Protect Your Assets
Complete Estate Planning Packages as low as $399.00
Will Package (Individual)
Will, Health Care Directive. Financial & Health Care Powers of Attorney
Codicil to Will
Will Package (Couple)
2 Wills, 2 Health Care Directive. 2 Financial & 2 Health Care Powers of Attorney
Living Trust Package (Individual)
Living Trust, Pour Over Will, Health Care Directive. Financial & Healthcare Power of Attorney
Living Trust Package (Couple)
2 Joint Living Trusts, 2 Pour Over Wills, 2 Health Care Directives. 2 Financial & 2 Healthcare Powers of Attorney
Attorney Referrals Available
Santa Clara County Expires 6/9/2022
I am not an attorney. I can only provide self-help services at your specific direction.
Frequently Asked Questions
Q. How does a Living Trust Protect My Heirs?
A. By transferring your assets into a living trust, your heirs bypass the PROBATE process requiring the court to distribute. By doing so, you save your heirs thousands in legal fees and transfer authority to whoever you appoint to distribute your assets.
Q. If I leave a Trust to my heirs, and they are married, will my assets pass on to their spouse?
A. No, it will not. The property will be owned by the Trust and as long as the property is owned by the trust, the property is not considered community property in their marriage. The only way that happens is if the heir transfers property into their personal capacity out of the trust.
Q. Do I Require an Attorney to Draft Estate Planning Documents?
A. Most people own their home, maybe a second home or rental, their cars, and bank accounts. Most people have simple estates that do not require the assistance of an Attorney.
Q. Will My Documents Hold up in Court?
A. Estate law documents most always pertain to the wishes of the Grantor. The secret to holding up is clear concise language that defines your wishes clearly and unambiguously. Courts do not over ride the wishes of the Grantor unless the Successor Trustee you assign in the trust to succeed you on passing, commits a severe violation of fiduciary duty and is challenged, in a court of law by another beneficiary. I cannot overemphasize the importance of clear concise language in your trust
Q. Do I Maintain Ownership of my Assets that I Transfer them into the Living Trust?
A. Yes you do. You and Your Trust are seen as one entity for every purpose OTHER THAN PROBATE. You transfer assets into Your Trust which You are the Trustee. The only time the law sees Your Trust as separate from You is to avoid probate. You use your PERSONAL SSN to file taxes up until your passing when the Successor Trustee takes over. The Successor Trustee must get a Federal Tax ID number after You pass and the Trust becomes irrevocable.
Q. What Assets are Normally Transferred into a Living Trust?
A. Assets that contain a Beneficiary Designation such as Life Insurance Policies or Retirement Funds Do Not get Transferred into Trusts. Cars, Homes, Businesses, Bank Accounts are Routinely Transferred into Living Trusts