A revocable living trust is a commonly used estate planning tool for individuals and families in Lucas Valley-Marinwood who want to retain control of their assets while arranging for a smooth transfer at incapacity or death. At the Law Offices of Robert P. Bergman, we help clients understand how a revocable living trust can integrate with wills, powers of attorney, and health care directives. This overview explains core features, typical documents that accompany a trust, and how a trust can reduce the time and expense associated with probate. It also outlines practical steps to create and fund a trust tailored to personal and family needs.
Creating a revocable living trust is not a one-size-fits-all process; it should reflect your family dynamics, financial holdings, and long-term goals. This guide will walk through what a revocable trust does, how it differs from other planning tools like a pour-over will, and the role of related documents such as financial power of attorney and advance health care directive. We will also describe typical situations where a trust provides meaningful advantages and what to expect when working with the Law Offices of Robert P. Bergman in Marin County to put a durable, flexible plan in place that can evolve as your circumstances change.
A revocable living trust offers several practical benefits that matter for families and individuals in Marin County. It allows property to be managed during incapacity, provides a clear mechanism for transferring assets to beneficiaries without the delays of probate, and can simplify administration for personal representatives. While a trust does not provide asset protection from creditors in the same way as certain irrevocable arrangements, it does offer privacy and continuity. Working through trust creation helps identify beneficiary designations, coordinate retirement assets and life insurance, and ensure healthcare and financial powers are aligned with your wishes.
The Law Offices of Robert P. Bergman serves clients across Marin County, including Lucas Valley-Marinwood and surrounding communities. Our approach centers on clear communication, careful documentation, and plans designed to reflect each client’s unique circumstances. We assist with all routine estate planning documents such as revocable living trusts, last wills, financial powers of attorney, advance health care directives, and related trust documents. Our goal is to provide practical guidance that helps families protect assets, avoid unnecessary delays, and ensure that decisions are carried out according to the client’s priorities and values.
A revocable living trust is a legal arrangement in which a person transfers ownership of assets into a trust during their lifetime while retaining the ability to make changes or revoke the trust. The trust document names a trustee to manage trust property and successor trustees to step in if the original trustee becomes incapacitated or passes away. Trusts can hold real property, bank accounts, investment accounts, and personal property. Funding the trust—changing ownership of assets into the trust’s name—is a key step that determines whether those assets will avoid probate and be distributed as intended.
While revocable living trusts provide flexibility, they should be coordinated with other planning documents. A pour-over will typically accompanies a trust to capture any assets inadvertently left outside the trust, and powers of attorney and advance health care directives address incapacity and medical decision-making. Trust administration after death follows the terms of the trust, often allowing distributions without the public probate process. However, certain assets such as retirement accounts may require beneficiary designations to be updated separately. Proper drafting and careful funding ensure that a trust functions effectively for your family.
A revocable living trust is a living document that creates a legal entity to hold and manage assets under the direction of a trustee for the benefit of named beneficiaries. The person who creates the trust typically serves as trustee while alive and retains rights to use trust assets, change terms, or revoke the trust entirely. The revocable nature provides flexibility to adapt the plan as circumstances change. The trust also names successor trustees to manage affairs in the event of incapacity or death, specifying how assets will be used, held, or distributed for beneficiaries including provisions for minor children or persons with special needs.
Key elements of a revocable living trust include the trust instrument, trustee and successor trustee designations, beneficiary designations, funding documents, and any schedules that list trust property. Funding the trust typically requires re-titling assets such as real estate, bank and brokerage accounts, and sometimes tangible personal property to the trust’s name. Additional steps involve beneficiary designation reviews for retirement and insurance accounts and preparing a pour-over will as a safety net. Proper documentation and periodic review are important to make sure new assets acquired later are appropriately managed and coordinated with the trust.
Understanding the common terms used in trust and estate planning helps you make informed decisions. The glossary below explains frequent terms such as trustee, beneficiary, pour-over will, funding, and incapacity planning. Each term clarifies the role it plays within a broader plan and how different documents interact. This basic vocabulary will help you navigate conversations about trust drafting, administration, and funding so you can ask meaningful questions and make choices that align with your wishes and family’s needs.
The trustee is the individual or entity responsible for managing the trust’s assets according to the terms set out in the trust document. While creating a revocable living trust, the person establishing the trust often serves as initial trustee, retaining the ability to control assets during lifetime. The trust document also names successor trustees who step in if the original trustee becomes incapacitated or dies. Trustee duties include managing investments, paying bills, handling distributions to beneficiaries, and maintaining records. The role requires careful attention to legal responsibilities and loyalty to the interests of beneficiaries.
A pour-over will functions as a backup plan by directing any assets left outside the trust at the time of death to be transferred into the trust for distribution under its terms. This ensures that assets unintentionally omitted from trust funding are still governed by the trust’s provisions rather than passing under a different process. The pour-over will typically requires probate for those non-trust assets before they are transferred to the trust, so it is best used in conjunction with careful funding practices to minimize the probate estate and provide the desired privacy and efficiency.
Funding a revocable living trust means changing ownership of assets from your individual name into the name of the trust so the trust can control and distribute them according to its terms. Funding commonly involves re-titling real property, assigning bank and brokerage accounts, and listing trust ownership where permitted. Some assets like retirement accounts require separate beneficiary designation changes rather than trust re-titling. Proper funding is essential to achieving the trust’s goals of avoiding probate and providing seamless management during incapacity, and it often requires coordination with financial institutions and careful tracking of ownership changes.
A successor trustee is the person or institution designated to take over management of the trust if the original trustee becomes unable to serve or dies. Naming a reliable successor trustee ensures continuity in handling bill payments, asset management, and distributions. The successor trustee must follow the terms of the trust, act in the beneficiaries’ best interests, and keep accurate records of trust administration. It is important to choose someone who can handle financial responsibilities and administrative tasks or to name a corporate fiduciary where available and practical for complex estates.
Estate planning offers several options to manage assets and direct their distribution, including revocable living trusts, last wills, and limited documents for specific concerns. A last will designates guardians for minor children and directs distribution of probate assets, but it typically requires probate administration for those assets. A revocable living trust, when properly funded, can reduce the need for probate and maintain privacy. Limited document sets may be sufficient for very simple estates, but they can leave assets exposed to probate or cause delays. Choosing between these options requires weighing privacy, continuity, cost, and the complexity of your holdings.
A limited approach that consists of a last will, durable financial power of attorney, and advance health care directive may suffice when assets are modest, easily transferable on death, and the family anticipates few complications. For some clients, placing primary assets in joint tenancy or using beneficiary designations for accounts can provide straightforward transfer paths and avoid the cost of a trust. However, even simple estates deserve careful attention to beneficiary designations and incapacity planning so that finances and health care decisions are managed smoothly if the principal becomes incapacitated.
When property passes easily outside probate through beneficiary designations or joint ownership, a simple document set may accomplish the client’s goals without creating a trust. Life insurance, retirement accounts, and payable-on-death accounts can move to named beneficiaries directly, reducing the need for more complex arrangements. Even in these cases, it is important to maintain current designations and ensure coordination among documents to avoid unintended results. Periodic review helps make sure the plan reflects changes in relationships, asset types, and tax or legal considerations.
A comprehensive trust-based plan is often advisable for individuals with real property, multiple investment accounts, business interests, or a desire to keep the distribution process private. Trusts can minimize public probate proceedings, provide a smoother transition of management in the event of incapacity, and allow for customized distribution terms that reflect family dynamics. For households with blended families or beneficiaries requiring staggered distributions, a trust can offer greater control and clarity, reducing potential disputes and administrative burdens over time.
Comprehensive planning helps address the realities of aging and potential incapacity by combining trusts with financial and medical directives. A revocable trust along with a financial power of attorney and advance health care directive provides a coordinated framework for decision-making if the principal becomes unable to manage affairs. This coordination reduces friction between family members and financial institutions, ensures bills are paid, and clarifies medical decision-making authority. Proactive planning makes it more likely that the client’s wishes will be followed without unnecessary delays or court involvement.
A comprehensive approach that includes a revocable living trust, pour-over will, financial power of attorney, and health care directive can streamline the management of your estate and provide continuity for family members. It can avoid the delays and public exposure of probate, make incapacity transitions smoother, and allow the creator to provide detailed guidance for distributions. The combined documents create a coordinated plan that addresses ownership, management, healthcare decisions, and contingency planning, offering peace of mind that affairs are prepared in a holistic and organized manner.
In addition to probate avoidance and continuity, a detailed plan can help reduce administrative burden for successors and minimize family conflict by clearly stating intentions. The trust can provide mechanisms for managing assets for young beneficiaries or those with special needs, while the related documents ensure decisions can be made promptly during incapacity. Regular review of the entire plan maintains alignment with life changes such as marriage, divorce, births, deaths, or significant financial events, ensuring the plan continues to reflect current wishes and objectives.
One of the primary benefits of a trust-based plan is the ability to avoid probate for assets properly funded into the trust. Probate can be time-consuming and public, exposing family details and financial information. A funded revocable living trust allows assets to be distributed according to the trust’s terms without the delays and filings associated with probate court. For families concerned about privacy and expedient resolution, the trust structure often provides a more private and efficient alternative to settle affairs and carry out the decedent’s directions.
A carefully drafted trust combined with a financial power of attorney and health care directive provides a clear roadmap for managing affairs if the trust creator becomes incapacitated. The successor trustee can step in to manage finances and property without court intervention, while agents under powers of attorney can handle banking and administrative tasks. This coordination reduces the likelihood of disputes and delays, helps ensure bills are paid and property is managed, and makes it easier for family members to focus on caregiving instead of legal administration during a stressful time.
Begin the trust process by preparing a thorough inventory of your assets, including real estate, bank and brokerage accounts, retirement plans, life insurance policies, business interests, and valuable personal property. Identify account numbers, titles, and current beneficiary designations where applicable. This inventory will clarify which assets should be transferred into the trust and which require beneficiary designation updates. A well-documented inventory streamlines funding, reduces the chances of assets being left outside the trust, and helps ensure your plan will operate as intended for your family.
Include durable financial powers of attorney and advance health care directives as companion documents to your revocable living trust to address decision-making in the event of incapacity. These documents authorize chosen agents to manage finances and make medical decisions when you cannot act for yourself, avoiding the need for conservatorship proceedings. Clear directions and designations ease communication with medical providers and financial institutions, helping your family carry out your wishes while minimizing legal and administrative hurdles during a challenging period.
Many clients pursue a revocable living trust to achieve smoother asset management, avoid the public probate process, and provide a plan for incapacity that allows a trusted successor trustee to manage finances without court involvement. Trusts are particularly appealing to those who own real property, have beneficiaries who may need staged distributions, or seek privacy for their estate affairs. The trust’s flexibility allows changes during life to reflect evolving family circumstances or asset portfolios, making it a practical option for a wide range of households in Lucas Valley-Marinwood.
Trusts can also be a helpful tool for families wanting to limit administrative burdens on survivors and provide detailed guidance for the management and distribution of assets. For parents, trusts facilitate guardianship planning and financial arrangements for minor children. For individuals with more complex holdings like rental properties or business interests, a trust can simplify ongoing management during incapacity and transfer at death. Discussing goals and concerns with an attorney ensures the trust is structured to address your priorities and integrate with other planning documents to avoid unintended results.
Revocable living trusts are often appropriate when clients want to avoid probate, maintain privacy, prepare for potential incapacity, or manage how assets are distributed to family members. They can be useful for blended families that need tailored distribution instructions, for owners of property in multiple states, and for individuals planning for beneficiaries who may be minors or have special needs. Trusts are also commonly used when continuity in property management is important, such as maintaining rental properties or small businesses during a transition of authority.
If there is concern about the possibility of future incapacity due to age or health conditions, a revocable living trust provides a mechanism for managing assets without the need for court-appointed conservatorship. By naming a successor trustee and preparing companion documents like powers of attorney and health care directives, the trust creator ensures that financial and healthcare decisions can be made promptly and in accordance with stated preferences. This continuity reduces stress on family members and helps maintain financial obligations and property management smoothly during uncertain times.
Clients who value privacy and want to minimize the time and expense of probate often choose a trust-based plan. When assets are properly funded into a revocable living trust, administration after death can proceed with less court involvement and without public probate records disclosing personal financial details. This approach can reduce administrative delays and keep family financial matters private. For those with real property or assets in multiple jurisdictions, using a trust can also simplify the transfer process and reduce complexity across different probate systems.
A trust allows parents and caregivers to provide for children, beneficiaries with special needs, or those who may require staged distributions. Trust terms can specify how and when funds should be used, appointing trustees to manage assets for ongoing support, education, or care while protecting eligibility for public benefits when necessary. For families with unique circumstances, trust provisions can be tailored to balance flexibility and oversight, offering clear guidance on how resources should be applied for the beneficiary’s long-term welfare and financial stability.
The Law Offices of Robert P. Bergman serves individuals and families in Lucas Valley-Marinwood, Marin County, and the broader San Jose area with practical estate planning solutions. We focus on developing clear, durable documents such as revocable living trusts, pour-over wills, financial powers of attorney, advance health care directives, and related trust instruments like certification of trust and general assignments of assets. Our office helps clients inventory assets, coordinate beneficiary designations, and complete the funding steps needed to make the plan effective, providing responsive guidance throughout the process to help families feel prepared and informed.
Clients choose our firm for a client-centered approach that prioritizes clear communication and practical planning tailored to each family’s needs. We help identify the most efficient structure to meet goals such as avoiding probate, planning for incapacity, and arranging distributions for beneficiaries. We draft all commonly used documents including revocable living trusts, pour-over wills, powers of attorney, advance health care directives, and specialized trusts like irrevocable life insurance trusts and special needs trusts. Our work emphasizes durable documentation and careful coordination among relevant assets and beneficiary designations.
When creating a trust-based plan, attention to detail matters: proper funding, consistent beneficiary designations, and clear successor trustee selections all affect how the plan performs. We guide clients through those steps and help schedule reviews when life events occur. For clients with retirement accounts, business interests, or property in multiple states, we work to coordinate documents and transfer processes so the trust functions as intended. Our objective is to reduce administrative burdens for your family and ensure your wishes are documented clearly and effectively.
Our firm assists with a full range of ancillary documents that commonly accompany a trust, including general assignments of assets to trust, certifications of trust for third parties, pour-over wills, HIPAA authorizations, and guardianship nominations for minor children. We also prepare trust petitions and modifications when circumstances change, helping clients update plans to reflect new relationships, assets, or objectives. By handling these details proactively, we help create a cohesive plan that supports long-term family and financial goals while offering clarity and continuity.
Our planning process begins with an initial consultation to understand your goals, family circumstances, and the types of assets you own. We then recommend a tailored set of documents and prepare a draft trust and related instruments for review. After client review and any necessary revisions, we finalize and execute the documents, then assist with funding the trust by preparing support letters, deeds, and instructions for transferring accounts. We provide clients with guidance on maintaining and updating their plans over time and are available to assist with administration or modifications when life events require changes.
The first step focuses on gathering information about your assets, family structure, and objectives so we can recommend an appropriate plan. We discuss your priorities for privacy, probate avoidance, incapacity planning, and how you would like distributions to occur. Typical documents reviewed include deeds, account statements, beneficiary designations, and business ownership documents. This conversation helps identify which trust provisions and companion documents will be needed and lays the groundwork for drafting a plan that reflects both immediate needs and long-term intentions.
We assist clients in preparing a thorough inventory of assets and reviewing existing documents such as wills, powers of attorney, deeds, and account beneficiary designations. This review highlights assets that should be retitled or coordinated with the trust and identifies any conflicts that need resolution. The goal is to create a clear plan for how property will be handled during life and at death, ensuring that the final documents provide a consistent framework that minimizes the possibility of disputes or administrative complications later.
We take time to understand family dynamics and distribution goals, including provisions for minor children, disabled beneficiaries, or staggered distributions. These conversations inform trust language and successor trustee selections, and help ensure the trust addresses potential issues such as remarriage, creditor concerns, or beneficiary needs. Tailoring the trust to reflect real-life priorities helps prevent misunderstandings and positions family members to carry out the trust’s terms with confidence if and when that responsibility arises.
Once goals are established, we draft the trust document and companion instruments tailored to your circumstances. We provide clear explanations of key provisions and make revisions as needed based on client feedback. Drafting includes preparing pour-over wills, financial powers of attorney, advance health care directives, and any specialized trust provisions such as irrevocable life insurance trusts or special needs provisions. This stage ensures all documents work together coherently and reflect the client’s wishes in language that trustees and third parties can implement effectively.
Drafting involves creating the trust instrument, pour-over will, and any ancillary documents needed to implement the plan, such as assignment forms, certification of trust, and HIPAA authorizations. Each document is reviewed to confirm clarity of trustee powers, distribution timing, and any conditions on distributions. We also address practical matters like successor trustee succession and nomination of guardians for minor children. The result is a coordinated set of documents ready for client review and execution.
After preparing drafts, we review the documents in detail with the client, explain key provisions, and make adjustments to ensure the plan reflects the client’s intentions. We confirm choices such as trustee appointments, beneficiary designations, and any special instructions. Once finalized, we coordinate signing and notarization as required, prepare certified copies, and provide executed originals to the client. This review and finalization stage ensures everyone understands the plan and has the necessary documentation to implement it when needed.
Funding the trust is a practical step that transfers ownership of assets into the trust or aligns beneficiary designations to the plan. We assist with preparing deeds for real estate, instructions for financial institutions, and guidance for retirement account beneficiary designations. Proper funding ensures the trust achieves its goals. We also recommend periodic reviews of the plan following life events such as marriage, divorce, births, deaths, or significant asset changes. Ongoing maintenance keeps documents current and preserves the effectiveness of the estate plan over time.
Funding often includes preparing and recording deeds to transfer real property into the trust’s name, re-titling bank and brokerage accounts, and providing institutions with certification of trust. Some assets require beneficiary designation updates rather than retitling, and we provide the necessary instructions to coordinate these changes. Attention to detail during funding helps avoid assets unintentionally remaining outside the trust and subject to probate, ensuring the trust functions as intended for beneficiaries and successor trustees.
A completed trust is not set-it-and-forget-it; life changes warrant periodic review and possible updates. We recommend reviewing the estate plan following major events such as marriage, divorce, birth of grandchildren, changes in health, or significant financial developments. Reviewing beneficiary designations, account titles, and trust provisions helps keep the plan aligned with current objectives. When modifications are needed, we prepare amendments or restatements to reflect updated directions while preserving the overall structure of the trust.
A revocable living trust is a legal arrangement created during a person’s lifetime that holds assets for the benefit of named beneficiaries and can be modified or revoked while the creator is alive. The trust designates a trustee to manage assets and successor trustees to step in if needed. Unlike a will, which only takes effect at death and typically requires probate for estate administration, a properly funded revocable trust allows assets to pass according to the trust terms without going through the public probate process. This provides a degree of privacy and can streamline the distribution process for beneficiaries. A will remains useful for matters that cannot be addressed through a trust alone, such as nominating guardians for minor children and capturing small assets inadvertently omitted from the trust through a pour-over provision. Many clients use both a trust and a pour-over will together so that any assets left outside the trust are directed into it at death. Coordination between these documents and beneficiary designations is important to ensure the estate plan operates as intended and avoids conflicting instructions.
Transferring real estate into a revocable living trust generally requires preparing a new deed that conveys the property from your individual name into the name of the trust. The deed should be recorded with the county recorder’s office to reflect the change in ownership. Depending on the property and mortgage status, mortgage lenders or title companies may have specific forms or consent requirements, so coordinating the deed transfer with a title review is a prudent step to prevent title complications and maintain clear ownership records. We assist clients by preparing the appropriate deed and instructions for recording, and we help coordinate with title companies or lenders when necessary. It is important to confirm that transfer does not trigger unexpected tax consequences or violate loan terms, and in some circumstances a title review or consultation with the lender can ensure the funding step proceeds smoothly and the property remains properly insured and titled in the trust’s name.
A revocable living trust can reduce time and cost for the family by avoiding probate for assets properly transferred into the trust. Probate can take months and sometimes longer depending on the estate and local court timelines, and avoiding probate often reduces administrative delays and associated fees. In addition, the privacy benefits of a trust can be meaningful for families who prefer not to have estate matters become public record through probate filings, providing a more discreet process for distributing assets to beneficiaries. While trusts often save time and expense for the probate portion of administration, they also involve upfront work such as drafting and funding. The overall savings depend on the size and complexity of the estate. For smaller, straightforward estates, the benefits should be weighed against the effort of funding and maintaining the trust. Discussing your situation with legal counsel helps determine whether a trust-based plan is cost-effective and appropriate for your goals.
Yes, a revocable living trust is designed to be flexible and may be amended or revoked by the creator during their lifetime. This flexibility allows you to change beneficiaries, update trustee designations, or modify distribution provisions as life circumstances change. The trust document typically includes instructions for how to execute amendments or restatements. Many clients update their trusts following major life events such as marriage, divorce, births, or significant changes in financial holdings to maintain alignment with current wishes. When more extensive changes are needed, a restatement or a new trust might be appropriate to ensure clarity and avoid confusion over multiple amendments. It is important to complete amendments in accordance with legal formalities and to document changes properly, so successors and third parties can implement the plan without ambiguity. Periodic review with counsel helps confirm whether amendments or a restatement is the best course.
A revocable living trust can provide a clear mechanism for managing finances and property if the creator becomes incapacitated by naming a successor trustee to take over management duties. This avoids the need for a court-appointed conservator and allows someone you trust to handle bill payments, asset management, and other administrative tasks under the authority of the trust. Companion documents such as a durable financial power of attorney and an advance health care directive complement the trust by specifying agents to handle other aspects of financial and medical decision-making. Coordination among the trust and these companion documents is important to ensure that trustees and agents have the authority they need and that institutions recognize those authorities. Preparing clear instructions and providing necessary documentation to banks, investment firms, and healthcare providers helps prevent delays or disputes and ensures that your wishes are carried out efficiently during periods of incapacity.
Retirement accounts often require special consideration because many custodians do not allow them to be titled in a revocable living trust, and beneficiary designations typically control the disposition of those assets. Instead of retitling, the common approach is to name the trust as beneficiary or to ensure individual beneficiary designations align with the overall estate plan. Naming a trust as beneficiary can offer greater control over distributions, particularly for minor children or beneficiaries who need managed distributions, but it requires careful drafting to avoid unintended tax consequences for retirement accounts. Consulting with counsel helps determine whether naming a trust as beneficiary or updating individual beneficiary designations is the best approach given the account type and your goals. Proper coordination ensures that retirement accounts are treated consistently with the trust plan and that tax considerations and distribution rules are understood by trustees and beneficiaries when the time comes.
A pour-over will acts as a safety net by directing any assets not transferred into the trust during the creator’s lifetime to the trust upon death. It ensures that assets inadvertently left outside the trust will eventually be managed and distributed according to the trust’s terms. While a pour-over will typically requires a probate process for those specific assets, it preserves the intent that the trust should govern distribution and provides a fallback for assets that were not retitled or transferred before death. Most trust-based plans include a pour-over will to capture any overlooked property, but the best practice is to fund the trust proactively so probate is minimized. The pour-over will also serves as a formal statement of intent that the trust should control the distribution of all estate assets, and it can simplify administration by consolidating distribution authority under the trust once probate matters are resolved for any residual assets.
When selecting a successor trustee, consider someone who is organized, trustworthy, and capable of handling financial and administrative responsibilities. Common choices include a spouse, adult child, close relative, or a trusted friend. Some clients choose a professional or corporate trustee when the estate involves complex assets, ongoing business interests, or potential family disputes. The successor trustee should be willing to assume the role and be available to manage trust affairs with diligence and impartiality in accordance with the trust document’s instructions. It is also helpful to name alternate successor trustees in case the primary choice is unable or unwilling to serve. Discuss your selection with the person you intend to name so they understand the responsibilities and the trust’s objectives. Providing clear guidance in the trust about management authority and distribution standards helps the successor trustee carry out duties effectively and reduces the likelihood of disagreements among beneficiaries.
A periodic review of your trust documents is recommended following major life events such as marriage, divorce, birth of children or grandchildren, death of a beneficiary, significant financial changes, or relocation to another state. These events can affect beneficiary designations, trustee choices, and tax or legal implications. Regular reviews, for example every few years or after any major change, help ensure that the trust and companion documents reflect current wishes and remain coordinated with account designations and property titles. During reviews we confirm that deeds and account titles remain properly funded, verify beneficiary designations for retirement and insurance accounts, and update the trust terms if needed. Reviewing the plan also provides an opportunity to document any changes in preferences regarding distributions, incapacity planning, or trustee succession to maintain a functional and reliable estate plan for your family and successors.
Trusts can benefit beneficiaries with special needs by providing a structured source of financial support while preserving eligibility for public benefits. Special trust provisions can restrict distributions for basic needs, supplement government benefits, and appoint trustees to manage funds prudently over time. The trust terms can specify how funds are to be used for housing, education, medical care, and other supplemental needs without replacing benefits like Medicaid or Supplemental Security Income when eligibility is a concern. Careful drafting is essential to avoid unintentionally disqualifying a beneficiary from means-tested benefits. A trust designed to work with benefit programs may include specific distribution language and trustee instructions to maintain public benefit eligibility. Discussing the beneficiary’s needs and public benefit rules with counsel ensures the trust provides meaningful support while preserving critical benefits.
Criminal Defense
Homicide Defense
Manslaughter
Assault and Battery
Assault with a Deadly Weapon
Battery Causing Great Bodily Injury
Domestic Violence
Domestic Violence Protection Orders
Domestic Violence Restraining Order
Arson Defense
Weapons Charges
Illegal Firearm Possessions
Civil Harassment
Civil Harassment Restraining Orders
School Violence Restraining Orders
Violent Crimes Defense
Estate Planning Practice Areas