A revocable living trust is a central tool for avoiding probate, protecting privacy, and making transitions after incapacity or death more efficient. Residents of Huntington Beach and Orange County often choose a revocable living trust to ensure assets pass according to their wishes while minimizing court involvement. The Law Offices of Robert P. Bergman provides practical guidance in establishing and maintaining trusts alongside complementary estate planning documents such as pour-over wills, powers of attorney, and advance health care directives. This introduction explains what a revocable living trust is, how it operates in California, and why many families prioritize this approach when organizing their estate plans.
Creating a revocable living trust involves decisions about who will manage your assets during your lifetime and who will receive them afterward. A trust can be amended or revoked while you are alive, offering flexibility as family dynamics and financial circumstances change. When properly funded, a revocable living trust helps avoid probate delays and public court records, which can be especially important for families who value privacy. Our Huntington Beach-focused guidance outlines steps for funding the trust, naming successor trustees, and coordinating the trust with other documents like a pour-over will and a financial power of attorney to form a cohesive estate plan.
A revocable living trust offers a number of practical advantages for individuals and families in California. It allows for a seamless transition of asset management if you become incapacitated, because successor trustees can step in without court intervention. Properly funded trusts avoid probate proceedings, reducing delay and administrative expense for heirs and ensuring distributions remain private. Trusts can also include provisions for minor children, beneficiaries with disabilities, or unique family situations. Establishing a trust provides peace of mind by documenting clear instructions for asset planning and succession that reflect your intentions and adapt to future changes.
The Law Offices of Robert P. Bergman focuses on delivering thoughtful estate planning services tailored to California clients, including residents of Huntington Beach and surrounding Orange County communities. Our team works to understand each client’s goals, family dynamics, and financial circumstances to design plans that align with those priorities. We prepare revocable living trusts alongside supporting documents like pour-over wills and advance health care directives, with attention to funding strategies and trustee selection. Our approach emphasizes clear communication, practical problem solving, and careful document drafting to help families avoid probate and ensure their wishes are carried out smoothly.
A revocable living trust is a legal arrangement in which the person who creates the trust transfers assets into a trust entity and retains the ability to manage and change the trust during their lifetime. The trust names a successor trustee who will manage and distribute trust assets upon the settlor’s incapacity or death. Because the trust can be altered or revoked, it provides flexibility while helping to avoid probate for assets titled in the trust’s name. Properly coordinating titles, beneficiary designations, and complementary documents is essential to ensure the trust functions as intended and minimizes the chance of court involvement.
In California, a revocable living trust must be funded—meaning assets are retitled or assigned to the trust—to achieve the probate-avoidance benefits. This process may include transferring real estate, updating account titles, and preparing instruments like a certification of trust so financial institutions can recognize the trust. Many clients pair a revocable living trust with a pour-over will to catch any assets not funded into the trust during life. Additionally, powers of attorney and advance health care directives work together with trust documents to ensure continuity of decision making for financial and medical matters if incapacity occurs.
A revocable living trust is a flexible estate planning tool that holds title to assets under a trust agreement created by the settlor. The settlor typically serves as trustee during their lifetime, maintaining control over assets and the right to change beneficiaries or provisions as circumstances evolve. A successor trustee is named to step in if the settlor becomes unable to manage affairs or after death, providing continuity without court supervision. The trust’s revocable nature allows for ongoing amendments and updates, making it a practical solution for people who want both control and a plan for efficient private asset transfer to heirs.
Key components of a functioning revocable living trust include the trust agreement, naming of trustees and beneficiaries, and the funding of assets into the trust. Funding is the essential process whereby property, accounts, and other assets are retitled or assigned to the trust so they will be governed by the trust terms. Documentation such as pour-over wills, certifications of trust, and deeds may be used to complete funding. Working through this process involves inventorying assets, updating titles and beneficiary designations, and preparing clear instructions for successor trustees to manage and distribute assets according to the settlor’s wishes.
Understanding the common terminology used in trust planning helps people make informed decisions. Terms like settlor, trustee, beneficiary, funding, pour-over will, and certification of trust describe roles, documents, and actions that shape how a trust operates. Clarifying these definitions reduces confusion during estate planning and when administering a trust. This section provides brief, clear definitions of important words and concepts so clients in Huntington Beach and across Orange County can approach trust planning with confidence and communicate effectively about the steps needed to implement and maintain a revocable living trust.
The settlor, also called the grantor, is the person who creates the trust and transfers assets into it. The settlor establishes the trust terms, selects the initial trustee (often themselves), and names successor trustees and beneficiaries. While the settlor is alive, they generally retain the power to manage trust assets and make changes to the trust. Understanding the settlor’s role is important because their decisions determine how assets will be controlled and ultimately distributed, and those choices influence funding strategies, trustee selection, and the trust’s interaction with other estate planning documents.
A successor trustee is the individual or entity designated to manage the trust if the settlor becomes incapacitated or upon the settlor’s death. The successor trustee steps in to carry out the duties specified in the trust agreement, which may include managing assets, paying debts and taxes, and distributing property to beneficiaries. Choosing a trustworthy and capable successor trustee helps ensure a smooth administration process. The trust should also provide guidance on successor trustee powers, limitations, compensation, and procedures to reduce potential disagreements among beneficiaries during an already sensitive time.
Funding refers to the process of transferring legal ownership of assets into the name of the trust so those assets are controlled by the trust document. Typical funding steps include executing deeds to transfer real estate, changing titles on brokerage and bank accounts, and updating beneficiary designations where appropriate. Without proper funding, assets may remain subject to probate despite the existence of a trust. Funding also involves preparing supporting documents such as a certification of trust to present to financial institutions and ensuring that retirement accounts or life insurance policies are coordinated with the trust plan.
A pour-over will serves as a safety net that directs any assets not previously transferred into the trust to be moved into the trust upon the settlor’s death. While funding minimizes the need for probate, the pour-over will ensures that any overlooked assets are captured and distributed according to the trust’s terms. It does not avoid probate for those assets by itself, but it helps preserve the settlor’s overall estate plan. The pour-over will works in tandem with the trust and other documents like powers of attorney to provide a coordinated approach to asset management and disposition.
Selecting the right estate planning approach requires comparing revocable living trusts with alternatives such as wills or limited powers of attorney. Wills are straightforward and may be suitable for smaller estates, but they generally require probate and become part of public court records. Revocable trusts often provide privacy and can avoid probate when properly funded, though they require additional steps to retitle assets. Limited approaches may be more affordable initially yet leave families exposed to probate and court supervision. This comparison helps families weigh cost, privacy, control, and administrative ease when choosing how to structure their plans.
For individuals with modest estates and straightforward family situations, a limited approach built around a will and durable power of attorney may provide adequate protection. When assets pass directly to a surviving spouse or designated beneficiaries through beneficiary designations, and when privacy and probate complexity are not pressing concerns, a simpler plan can be cost-effective. It is still important to include health care directives and financial powers of attorney to ensure decisions can be made during incapacity. Consulting with a knowledgeable estate planner helps determine whether a minimal plan aligns with long-term needs and goals.
Individuals whose assets are primarily held in accounts with payable-on-death or transfer-on-death designations may not require the full complexities of a trust. When property ownership is clear and beneficiaries are straightforward, avoiding the time and expense of trust creation can make sense. However, even for lower complexity situations, it is wise to ensure documents are up to date and to consider how incapacity will be handled. Durable financial power of attorney and advance health care directives remain important to manage decisions and maintain continuity if capacity becomes an issue.
A revocable living trust becomes particularly valuable when clients want to minimize the delay and public nature of probate. Properly funded trusts can transfer assets to beneficiaries without a probate court process, reducing administrative time and keeping family financial matters private. Trusts also offer continuity of asset management through a successor trustee if incapacity occurs, preventing potentially lengthy court interventions. For those with real estate in multiple counties, business interests, or blended family concerns, a trust-centered plan can provide tailored provisions to address distribution timing and protection for beneficiaries.
Comprehensive planning is often necessary when families have children from different relationships, beneficiaries with special needs, or significant wealth that could create tax or management issues. Revocable living trusts can include terms to manage distributions over time, provide for guardianship of minors, and coordinate with supplemental needs arrangements while preserving public benefits. Trusts also allow the settlor to specify detailed instructions for successor trustees, create subtrusts, and address succession for family business interests, ensuring that the plan addresses real-world complexities with practical, flexible solutions.
A comprehensive trust-based plan offers several benefits beyond simple wills, including probate avoidance, smoother administration after incapacity, and enhanced privacy. Trusts can be drafted to provide staged distributions, protection for beneficiaries who may not be ready to manage large inheritances, and specific directives for property such as real estate or family businesses. When coordinated with durable powers of attorney and health care directives, a trust forms the backbone of a plan that addresses both asset distribution and decision-making during incapacity. This integrated approach reduces uncertainty and administrative burdens for surviving family members.
Another important advantage of a comprehensive approach is the ability to customize provisions for unique family situations, including planning for loved ones with disabilities or special needs and establishing directives for pets or sentimental property. Trusts can be amended to respond to changing circumstances, so families retain flexibility as financial situations evolve. By investing time in a coordinated plan, clients often find they save heirs time, legal fees, and emotional stress later. The goal is to create clear, durable instructions that reflect personal wishes while minimizing court intervention and delay.
One of the practical benefits of a revocable living trust is ensuring there is an orderly transition for managing assets if the settlor becomes incapacitated. A successor trustee named in the trust can step in immediately to manage financial affairs, pay bills, and oversee assets without waiting for court-appointed guardianship. This continuity helps avoid disruptions to financial obligations, mortgage payments, and business operations. Clear definitions of trustee authority, successor appointment procedures, and accessible documentation make this process efficient and less stressful for family members already coping with a difficult situation.
A properly funded revocable living trust can protect the privacy of an estate by keeping asset distribution out of public probate records. Avoiding probate reduces the time heirs must wait to receive property and can lower administrative costs associated with court-supervised estate administration. Families often welcome the confidentiality that trusts provide, especially when sensitive financial details or complex family relationships are involved. By coordinating titles and beneficiary designations with the trust, clients can create a smoother transition that honors their wishes without exposing intimate financial details in the public record.
Begin the trust planning process with a detailed inventory of your assets. Include real estate, bank and investment accounts, retirement plans, life insurance policies, business interests, and personal property of value. Accurate records make it easier to fund the trust efficiently and prevent assets from being overlooked. This step also helps in deciding which assets should remain outside the trust and which require retitling. An organized inventory simplifies communication with successors and reduces the chance of confusion or disputes when the trust is administered in the future.
Maintain up-to-date records and store copies of the trust document and related instruments where successor trustees and family members can find them when needed. Consider providing a certification of trust to financial institutions instead of the full trust document to protect privacy while enabling access. Regularly review the trust to confirm that assets remain properly funded and that trustee and beneficiary designations still reflect your intentions. Clear labeling and organized documentation reduce delays and provide guidance to those managing affairs during incapacity or after death.
People choose revocable living trusts for a variety of reasons, including the desire to avoid probate, maintain privacy, provide for orderly management during incapacity, and coordinate complex family arrangements. Trusts are useful for owners of real estate, business interests, or higher-value portfolios that would otherwise require probate. Trusts also allow for thoughtful distribution plans that can stagger inheritances or provide protections for beneficiaries who may need guidance managing assets. Considering a trust is a proactive step toward ensuring that your wishes are clear and that loved ones are spared unnecessary administrative burdens.
Another important reason to consider a revocable living trust is the flexibility it provides as life circumstances change. Trusts can be amended to reflect changes in family structure, financial status, or personal preferences. Including supporting documents like advance health care directives and financial powers of attorney completes a comprehensive plan that addresses both future decision making and the distribution of assets. This cohesive approach offers families security and clarity during challenging times and reduces the likelihood of disputes or confusion when critical decisions arise.
Trusts are particularly beneficial when clients own real estate in multiple jurisdictions, have blended families, want to protect beneficiaries who are not financially experienced, or seek to leave assets to a loved one with special needs while preserving access to government benefits. Trusts also help business owners plan for succession and families who value privacy. When incapacity is a concern, trusts ensure continuous asset management. Evaluating family dynamics and asset types helps determine whether a revocable living trust will provide meaningful benefits compared with more limited planning tools.
Clients who own real estate, especially in different counties, often benefit from a revocable living trust because it can prevent separate probate proceedings for each property. When real estate is properly transferred into a trust, successor trustees can manage or distribute property without court processes, avoiding delays and administrative costs. For properties with tenants, vacation homes, or shared family ownership, a trust provides clear authority for management decisions and disposition instructions, helping maintain property value and reducing family disputes over handling real estate after incapacity or death.
Blended families frequently have specific distribution goals that a trust can address, such as providing income to a surviving spouse while preserving principal for children from a prior marriage. Trust provisions can specify timing and conditions for distributions, protect assets from future remarriage conflicts, and outline stewardship provisions for minor beneficiaries. Clear trust terms reduce ambiguity about intent and help avoid family disputes. Thoughtful drafting ensures that the plan reflects current family relationships and provides mechanisms for trustees to implement the settlor’s wishes consistently over time.
When beneficiaries have ongoing needs, disabilities, or limited financial experience, a revocable living trust allows for tailored distribution plans that protect inheritance while permitting necessary support. Trust provisions can create subtrusts, direct distributions for education or health care, and appoint fiduciaries to manage funds responsibly. This form of planning helps preserve eligibility for public benefits where appropriate and provides structured oversight to reduce the risk of mismanagement. Families can craft terms that balance compassion with financial protection for vulnerable beneficiaries.
The Law Offices of Robert P. Bergman is available to assist Huntington Beach residents and Orange County families with revocable living trust planning and related estate documents. Our approach emphasizes clear communication about steps such as funding, trustee selection, and coordination with pour-over wills, powers of attorney, and health care directives. Whether you are updating an existing plan or creating one for the first time, we help you understand the legal options and craft documents that meet personal goals. Practical guidance aims to minimize future court involvement and protect what matters most to your family.
Clients choose the Law Offices of Robert P. Bergman for thoughtful, client-focused estate planning that considers family dynamics, asset types, and long-term goals. We prepare comprehensive packages that include revocable living trusts, pour-over wills, financial powers of attorney, and advance health care directives to create cohesive plans. Our planning process includes identifying assets to fund the trust, explaining successor trustee roles, and providing clear instructions for beneficiaries. Attention to practical administration details helps families avoid common pitfalls and ensures the plan operates smoothly when it is needed most.
Our firm assists clients in Huntington Beach and across California with careful document drafting and funding assistance to reduce the likelihood of probate and administrative delays. We place importance on accessible communication so clients understand each step and the implications of various options. Whether you have a straightforward estate or more complex needs such as blended family arrangements or business succession concerns, we work to create tailored plans that balance flexibility with clear directions for successor trustees and beneficiaries.
We also help clients periodically review and update plans to reflect life changes such as marriage, divorce, births, or changes in asset holdings. Regular reviews maintain consistency between the trust and account titles or beneficiary designations and ensure the documents still reflect your intentions. By guiding clients through implementation and maintenance, the law office helps create durable plans that minimize uncertainty and administrative burden for loved ones when major life events occur.
Our process begins with a comprehensive consultation to identify goals, family considerations, and assets to be included in the plan. We then draft customized trust documents and complementary instruments such as pour-over wills and powers of attorney. After reviewing the draft with you and making any desired revisions, we execute the documents and assist with the funding process by preparing deeds and guidance for retitling accounts. Finally, we provide copies and instructions for successor trustees and recommend periodic reviews to keep the plan current with life changes and legal developments.
The first step is a detailed discussion of your goals, family circumstances, and a thorough inventory of assets that may be included in the trust. This review helps determine the appropriate trust provisions, trustee selections, and funding strategy. We discuss how different assets should be titled, how beneficiary designations align with the trust, and whether specialized provisions like guardianship nominations or special needs arrangements are necessary. This foundational step sets the stage for drafting trust documents that reflect your intentions and practical needs.
Gathering the necessary documents and account information is an important early task. This step typically includes collecting deeds, account statements, insurance policies, retirement plan documentation, and any existing estate planning documents. Having accurate records enables efficient drafting and helps identify assets that require retitling or beneficiary updates. Organizing this information upfront reduces delays in the process and makes it easier to implement the funding steps after the trust is executed, ensuring that the trust will operate as intended when the time comes.
During the initial consultations we discuss who should serve as trustee and successor trustees, how beneficiaries will receive distributions, and any conditions or timing that should be included. These conversations explore options for managing distributions, protecting assets, and ensuring that trustees have clear authority to act. Discussing these preferences early allows the trust to be drafted with precise instructions, reducing ambiguity and giving successors clear guidance on how to administer the trust consistent with your intentions.
After the initial fact gathering, the firm drafts the trust agreement and ancillary documents tailored to your circumstances. Drafting covers trustee powers, distribution instructions, funding schedules, and coordination with wills and powers of attorney. We provide a review meeting to explain each provision in plain language and to incorporate any requested changes. This collaborative review ensures the documents reflect your goals and that you understand how the trust will be administered during incapacity and after death. Attention to detail during drafting reduces later disputes and clarifies administration responsibilities.
We encourage clients to carefully review draft documents and provide questions or changes. Revisions may address distribution timing, trustee powers, or provisions for specific beneficiaries. Iterative drafting ensures the trust aligns with family needs and minimizes the risk of unintended consequences. Clear communication during this phase helps finalize terms that are practical and consistent with state law. Once finalized, documents are prepared for execution, and instructions are provided about the formal signing process and any required witnessing or notarization.
Drafting includes coordinating complementary estate planning instruments so the trust functions as part of an integrated plan. This coordination often involves a pour-over will to capture untransferred assets, a financial power of attorney for management during incapacity, and an advance health care directive for medical decisions. When these documents are aligned, they provide comprehensive coverage of both decision-making and asset distribution matters, helping avoid gaps that could lead to unnecessary court involvement or confusion among family members and trustees.
Execution and funding are the final critical steps to put the trust into effect. Execution requires proper signing formalities such as witness and notary requirements. Funding involves retitling property, preparing deeds for real estate transfers, and changing account registrations where appropriate. We provide guidance and coordination with title companies and financial institutions to help complete funding. Properly executed and funded documents enable the trust to operate as intended and prevent assets from falling into probate, ensuring a smoother transition and adherence to your expressed wishes.
Proper execution of trust documents includes following California’s signing and notarization requirements. We ensure the trust agreement and related instruments are signed in a manner that meets legal standards and avoids challenges to validity. During execution, we review the documents with clients to confirm that the terms reflect their intent and that any required witnesses or acknowledgments are in place. Completing these formalities correctly helps ensure the trust will be upheld and that successor trustees can act without unnecessary legal hurdles.
Following execution, retitling assets into the trust name and updating beneficiary designations where appropriate is essential. This step may involve recording deeds for real estate, changing titles on accounts, and issuing certifications of trust to institutions. We assist clients in completing these actions or provide clear instructions for working with banks and brokers. Finalizing funding and distributing executed copies to trusted individuals ensures successor trustees understand their duties and that the plan operates smoothly when it is needed.
A revocable living trust and a will serve different roles in an estate plan. A will provides instructions that take effect after death and generally must pass through probate, which is a public court process that oversees the distribution of assets. A trust, by contrast, can control assets during life and after death and, when properly funded, allows those assets to be distributed without probate, preserving privacy and often reducing administration time. Many clients use both documents together, with the trust handling major assets and a pour-over will addressing remaining property. Another important difference is how incapacity is addressed. A revocable living trust typically names a successor trustee who can manage trust assets immediately if the creator becomes incapacitated, avoiding court-appointed guardianship. A will does not provide a mechanism for managing assets during incapacity, so complementary documents like powers of attorney and health care directives are used for that purpose. Choosing between or combining these tools depends on personal goals, asset types, and family considerations.
Funding a trust involves transferring legal ownership of assets into the trust’s name so the trust controls those assets. This commonly includes executing deeds to transfer real estate, changing titles on bank and brokerage accounts, and coordinating beneficiary designations for life insurance or retirement accounts. Without funding, assets remain in the individual’s name and may still be subject to probate despite the existence of a trust. Proper funding is therefore essential for the trust to achieve its intended benefits for privacy and probate avoidance. Funding also requires careful planning to avoid unintended tax or administrative consequences, particularly for retirement accounts and certain types of financial assets. Some accounts may remain better titled individually with beneficiary designations rather than owned by the trust. Reviewing each asset and coordinating titles and designations ensures the trust functions as intended and reduces the likelihood of assets being overlooked during administration.
Yes, a revocable living trust can be amended or revoked by the settlor at any time while they have the legal capacity to make changes. This flexibility allows individuals to update beneficiary designations, alter distribution schedules, replace trustees, or add and remove assets as life circumstances change. Because the trust is revocable, it provides the ability to adapt to events such as marriage, divorce, births, or changes in financial holdings, helping keep the plan aligned with current intentions. While revocability offers flexibility, it is important to document amendments correctly and ensure successors and beneficiaries are notified as appropriate. Major changes should be made in writing following the trust’s amendment procedures to reduce the potential for disputes later. Periodic reviews with legal counsel help confirm the trust remains up to date and that funding continues to reflect any revisions.
A revocable living trust by itself does not typically reduce federal or state estate taxes because the settlor retains ownership and control of assets during life, meaning they remain part of the taxable estate for estate tax purposes. However, a trust can be structured within a broader estate plan that includes tax planning strategies when appropriate. For very large estates with potential federal estate tax exposure, additional trust mechanisms and planning approaches may be considered to address tax concerns. For most California residents, federal estate tax thresholds determine whether specialized tax planning is necessary. While California does not have a separate state-level estate tax, it is still important to coordinate trust documents with overall tax planning and retirement account strategies. Working with financial and legal advisors helps determine whether tax-focused planning should be integrated into your trust arrangements.
Selecting a successor trustee involves balancing trustworthiness, availability, and the ability to manage financial matters. Many people choose a close family member, trusted friend, or a professional fiduciary to serve as successor trustee. It is helpful to consider whether the chosen person will be able to handle administrative responsibilities, make timely decisions, and work effectively with beneficiaries. Naming alternate successor trustees provides a backup if the primary choice cannot serve when needed. It is also wise to discuss the appointment with potential successor trustees in advance so they understand the responsibilities involved. For complex estates or where family dynamics may create conflict, appointing a neutral third party or co-trustees can provide structure and reduce the likelihood of disputes. Clear trust language about trustee powers and compensation assists successors in performing their duties.
Handling real estate when creating a trust usually requires preparing and recording deeds that transfer ownership from the individual to the trust. This step must be done carefully to ensure title is clear and that mortgage or tax implications are considered. Recording the deed places the property into the trust and allows the successor trustee to manage or sell the property consistent with the trust terms. Coordinating with county recording offices and, when applicable, title companies helps ensure the transfer is properly completed. Before transferring a property, consider whether any liens, mortgages, or encumbrances affect the transaction and whether lender consent is required. In some cases, transfer-on-death deeds or other alternatives may be appropriate depending on the goals. Discussing the specifics of each property with legal counsel helps determine the best approach to funding real estate into the trust while minimizing unintended consequences.
Common documents that accompany a revocable living trust include a pour-over will, financial power of attorney, advance health care directive, certification of trust, and sometimes additional instruments like a HIPAA authorization or guardianship nominations for minor children. The pour-over will serves to transfer any assets not funded into the trust at death, while powers of attorney and health care directives address decision-making during incapacity. The certification of trust allows financial institutions to verify the trust without disclosing private terms. Including these documents creates a coordinated plan that addresses both asset distribution and incapacity planning. Depending on family circumstances and assets, additional documents such as irrevocable life insurance trusts, special needs trusts, or retirement plan trust arrangements may be appropriate. A comprehensive review helps determine which accompanying documents best support the trust’s objectives.
It is advisable to review trust documents periodically and after major life events such as marriage, divorce, births, deaths, or significant changes in asset holdings. Laws and financial circumstances change over time, and an up-to-date review ensures that trustee and beneficiary selections, funding status, and distribution provisions continue to reflect your intentions. Regular reviews help catch assets that have been acquired but not retitled into the trust and provide an opportunity to amend terms when appropriate. A routine review every few years is a practical approach for many families, with additional reviews tied to major life or financial changes. During a review, attention is given to beneficiary designations, trust funding, and any needed amendments to adapt to new circumstances. Document updates help maintain coherence between the trust and other estate planning instruments.
Yes. A revocable living trust can be drafted to provide for beneficiaries with special needs while preserving eligibility for public benefits. This is typically done by creating a supplemental needs or special needs subtrust that directs distributions for additional care and expenses without counting as income for means-tested programs. The trust language must be carefully crafted to ensure it complements public benefits while providing necessary support that those programs do not cover. Coordination with benefits counselors and careful drafting are essential to avoid jeopardizing eligibility. Establishing a trust with tailored distribution provisions, appointing a trustee who understands the beneficiary’s needs, and including clear spending directives can provide long-term support without disrupting access to crucial public programs.
If a revocable living trust is not funded, many of its advantages may be lost because assets not transferred into the trust remain in the individual’s name and may be subject to probate. A trust document alone does not transfer ownership; the retitling of assets is a necessary step to ensure distributions bypass probate. Without funding, the estate may face the time, cost, and public nature of probate court administration for those assets. To avoid this outcome, it is important to follow through after execution by retitling accounts, recording deeds, and updating designations where appropriate. A coordinated process for funding helps ensure the trust operates as intended and reduces the administrative burden on surviving family members.
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