Estate Planning Attorney

Probate Trust & Estate Planning

Many individuals seek legal advice in order to inquire about a will and/or a living trust. While both types of documents allow an individual to name beneficiaries to receive assets from estate (based on certain conditions), they are classified differently.

In general, a will is a legal binding document which details the various mechanisms of one’s estate, typically comprising of tangible assets and financial holdings. In California, the will must be executed and complemented by signatures of at least two “impartial” witnesses, and such witnesses cannot be named as beneficiaries to the will.

Similarly, a living trust is created when an individual is still living. It is imperative to note that the primary purpose of a living trust is avoid the probate proceedings, which can be lengthy and expensive. In general, the two types of living trusts are revocable trusts and irrevocable trusts. With a revocable living trust, one will be able to alter the trust’s conditions, funds, and beneficiaries at will. On the other hand, irrevocable trusts take effect immediately and cannot easily be challenged or changed.

There are many other parameters to discuss when drafting or administering wills and trusts. Nevertheless, to understand all of the particulars of wills and living trusts, we encourage you to contact Mr. Brandlin to make sure you receive proper representation.