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General Assignment of Assets to Trust Attorney Serving Beale Air Force Base

Comprehensive Guide to General Assignment of Assets to Trust for Military and Civilian Clients

A general assignment of assets to trust is an important estate planning tool for transferring ownership of certain assets into a trust. For individuals connected to Beale Air Force Base and the surrounding Yuba County area, this document helps ensure that assets intended for a revocable living trust are formally transferred and managed according to the trust terms. The assignment clarifies which assets are being conveyed to the trust, reducing the risk of assets remaining in a person’s individual name after death or incapacity. This introductory overview explains why clients choose a general assignment and how it fits with documents like pour-over wills and trust certifications.

Many clients appreciate the general assignment of assets to trust because it complements the core estate plan elements such as a revocable living trust, pour-over will, powers of attorney, and advance health care directives. The assignment is particularly helpful for property titles, account designations, and personal property items that can be moved into trust ownership without complex litigation or court proceedings. For military families near Beale Air Force Base, the assignment can accommodate frequent relocations and changing household circumstances by offering a single, clear mechanism to show assets belong to the trust, helping trustees to carry out the grantor’s intentions with fewer obstacles.

Why a General Assignment of Assets to Trust Matters for Your Estate Plan

A general assignment serves several practical functions in an estate plan. It provides clear written evidence that assets are intended to be part of the trust, which can simplify administration and reduce disputes after incapacity or death. Assignments are often quicker and less expensive to prepare and execute than retitling every asset individually, and they work well with pour-over wills that direct any remaining assets into the trust upon death. For households near Beale Air Force Base, the assignment also accommodates changing asset mixes and moves, offering a flexible way to maintain continuity in trust ownership and support efficient distribution under the trust’s terms.

About Law Offices of Robert P. Bergman and Our Approach to Trust Documents

Law Offices of Robert P. Bergman serves clients across San Jose and beyond, including residents and military families at Beale Air Force Base. Our practice focuses on estate planning documents such as revocable living trusts, general assignments of assets, pour-over wills, and related powers of attorney. We take a client-centered approach, listening to household circumstances and tailoring documents to match personal and family goals. The firm prioritizes clear communication and careful drafting so that trust instruments and assignments function as intended, helping trustees and family members find straightforward paths to manage and distribute assets when the time comes.

Understanding General Assignment of Assets to Trust: Purpose and Practicalities

A general assignment of assets to trust is a legal instrument by which an individual formally assigns certain property to their living trust. Unlike retitling titles or changing account registrations one by one, the assignment sets out categories of assets or a broad transfer that clarifies the grantor’s intent to make those items part of the trust estate. This can include personal property, tangible items, and assets that are not easily re-titled. Properly drafted, an assignment reduces ambiguity about ownership and supports the trustee’s authority to manage and distribute those assets according to the trust’s instructions.

While a general assignment is a useful device, it is not a universal substitute for transferring assets that require formal retitling, such as real property or certain financial accounts. Those often still need deeds or account beneficiary changes. The assignment should be drafted in coordination with the trust document, pour-over will, and any deeds or beneficiary designations to ensure consistency. For military and civilian clients in the Beale Air Force Base area, the assignment can be particularly helpful when assets are numerous, portable, or frequently changing due to relocations or life events.

Defining a General Assignment of Assets to Trust

A general assignment of assets to trust is a signed declaration by the trust grantor that designates specified assets to become part of the trust. It typically identifies categories of property rather than listing every item individually, and it references the trust document that governs disposition. The assignment formalizes intent and gives trustees a clear basis to exercise authority over the assets included. It often accompanies a revocable living trust and works with related estate planning documents to provide smoother administration and a clearer picture of which assets belong to the trust during both incapacity and after death.

Key Elements and Typical Processes Involved in an Assignment

A valid general assignment usually includes the grantor’s identification, a clear statement of intent to assign described property to the trust, the trust name and date, and the grantor’s signature. Notarization or witnesses may be recommended depending on local practice to support later acceptance by financial institutions or courts. The process frequently involves inventorying assets, determining which can be assigned rather than retitled, and coordinating with trustees and beneficiaries. For clients near Beale Air Force Base, the process also often considers military-specific accounts or benefit designations that have their own rules and may require additional steps.

Key Terms and Glossary for Trust Assignments

Understanding common terms helps clients know how a general assignment interacts with other planning documents. Terms such as grantor, trustee, beneficiary, pour-over will, revocable living trust, and beneficiary designation come up frequently in discussions about assignments. A clear glossary helps demystify the documents and supports informed decision making. Below are short definitions of typical terms associated with trust assignments and the transfer process to aid clients in planning and discussions with their legal counsel or financial institutions.

Grantor (Also Known as Settlor or Trustmaker)

The grantor is the person who creates the trust and transfers assets into it, either through retitling or by executing a general assignment. The grantor’s intent and written direction determine how the trust is funded and who will benefit. In a revocable living trust, the grantor often retains control during life and can modify or revoke the trust, depending on the trust’s terms. The general assignment is one vehicle the grantor uses to clarify which assets are intended to be managed under the trust.

Trustee

The trustee is the individual or institution appointed in the trust document to manage trust assets and carry out the grantor’s instructions. After a general assignment conveys assets to the trust, the trustee has the authority to manage and distribute those assets according to the trust terms. Trustees have fiduciary duties to beneficiaries and must act in the trust’s best interest, handle accounting and recordkeeping, and follow any specific directions for distribution contained in the trust.

Beneficiary

A beneficiary is a person or entity named in the trust to receive assets or benefits from the trust. Beneficiaries may receive outright distributions, income, or conditional support as set out in the trust. The general assignment helps ensure the assets intended for beneficiaries are clearly part of the trust and available for distribution. Beneficiary designations on accounts should be reviewed alongside assignments to avoid conflicts and to ensure the trust receives the assets when intended.

Pour-Over Will

A pour-over will is a type of will that directs any remaining assets in a person’s name at death to their trust, effectively “pouring” those assets into the trust for distribution according to trust terms. The pour-over will works with the general assignment by capturing assets that were not assigned or retitled during life, ensuring they are eventually covered by the trust. It serves as a safety net to minimize probate issues and to consolidate asset distribution under the trust’s provisions.

Comparing Options: General Assignment Versus Individual Retitling

Clients often choose between using a general assignment and individually retitling each account or piece of property into the trust. Retitling provides a clear chain of title, which can be required for real estate and many financial accounts. The general assignment is faster and more practical for items that are cumbersome to retitle, such as personal property or household items. Each approach has pros and cons; combining them is common. For those connected to Beale Air Force Base, a hybrid approach often balances administrative ease with the legal certainty needed for certain asset types.

When a Limited Assignment or Limited Transfers Are Appropriate:

Assigning Only Non-Title Personal Property

A limited approach can be appropriate when the primary goal is to cover non-title personal property that is difficult to retitle. Household goods, electronics, collections, and other tangible personal property can often be assigned through a general assignment without the need for separate title transfers. This reduces administrative burden while still documenting the owner’s intent that these items belong to the trust. It helps trustees identify which assets are trust property during administration without resorting to lengthy probate processes for such items.

Using Assignment for Frequently Changing or Portable Assets

Another situation for a limited approach is when assets are frequently changing due to life events, sales, or moves. Military families and frequent relocators benefit from a general assignment for portable assets because it provides continuity without repeated retitling paperwork. The assignment documents intent clearly and allows the trust to cover items that may be added or removed from the household over time, simplifying record-keeping and ensuring the trust’s coverage remains flexible to evolving circumstances.

Why a Comprehensive Approach to Trust Funding Is Often Preferable:

Ensuring Proper Titling for Real Property and Accounts

A comprehensive approach includes both general assignments and direct retitling where needed to avoid future complications. Real estate and certain financial accounts often require formal deeds or account changes to reflect trust ownership. Failing to retitle those assets can result in probate, delay distributions, or complicate the trustee’s duties. Coordinating assignment with the necessary title changes helps ensure the trust functions smoothly and reduces the risk of unexpected court involvement during administration or settlement.

Coordinating Beneficiary Designations and Estate Documents

A comprehensive plan also reconciles beneficiary designations, retirement account rules, and other non-probate transfers with the trust structure. Many accounts pass by beneficiary designation and will not be governed by a general assignment unless they are restructured to name the trust as beneficiary or otherwise coordinated. A thorough review ensures beneficiary designations, powers of attorney, and advance directives align with the trust to achieve intended results and minimize unintended consequences for heirs and trustees.

Benefits of Combining Assignments with Full Trust Funding

Combining a general assignment with targeted retitling and beneficiary adjustments yields both convenience and certainty. The assignment captures items that are difficult to transfer individually, while retitling key assets like real estate and major accounts preserves clear ownership records. This hybrid approach reduces the chance of probate, speeds trustee administration, and clarifies the distribution pathway for beneficiaries. It is particularly valuable for households that own varied asset types or face frequent changes in residence or employment, such as military-affiliated families.

A comprehensive plan also supports continuity during incapacity by ensuring that trustees and those holding powers of attorney have the authority to manage trust assets without procedural obstacles. Coordinated documents reduce disputes and provide a clearer roadmap for distribution upon death. In addition, the combined approach helps keep records organized and provides a practical solution for transferring personal property and less formal assets that might otherwise be overlooked during trust administration.

Reduced Risk of Probate and Delay

When assets are properly assigned or retitled into a trust, they typically avoid probate, which can save time and reduce legal expenses for heirs. The trustee can manage and distribute trust assets according to the trust terms without court supervision, which often results in quicker access for beneficiaries. For families near Beale Air Force Base, avoiding probate can be especially important when coordinating benefits, property, and military records that already require administrative attention during transitions or deployments.

Clearer Administration and Fewer Disputes

A well-documented trust estate with assignments and retitling leads to clearer administration for trustees and fewer misunderstandings among beneficiaries. Clear records help trustees prove authority and explain distributions, reducing the risk of family disputes that might arise from unclear ownership. Thoughtful coordination of documents also gives family members a straightforward plan to follow during stressful periods, which can preserve relationships and ensure that the grantor’s wishes are carried out efficiently and respectfully.

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Practical Tips for Using a General Assignment with Your Trust

Inventory Assets Before Drafting

Create a thorough inventory of household items, accounts, property, and other assets before preparing a general assignment. Knowing what you own and where titles or beneficiary designations currently reside helps determine which assets can be assigned and which require retitling or beneficiary changes. This step reduces the chance that important items are overlooked and helps ensure the assignment accurately reflects the grantor’s intentions. A careful inventory is also useful for trustees when administering the trust and for family members who assist with the process.

Coordinate Assignments with Titles and Beneficiaries

Make sure a general assignment is coordinated with deeds, account registrations, and beneficiary designations for retirement plans and life insurance. Some assets pass outside of probate by beneficiary designation and may need separate handling to align with the trust. Coordinating these elements prevents conflicting coverage and achieves the grantor’s desired outcome. For military-affiliated clients, this coordination may involve reviewing military benefit rules and account procedures to ensure that transfers and beneficiary forms reflect the trust plan where appropriate.

Keep Copies Accessible and Update After Major Changes

Maintain accessible copies of the assignment and related trust documents, and review them after major life events such as marriage, divorce, relocation, or the acquisition of significant new assets. Updating documents when circumstances change preserves the intended coverage of the trust and reduces confusion for trustees and family members. Periodic review ensures that the trust and assignment remain consistent with current assets and family circumstances and that any necessary retitling or beneficiary changes are completed promptly.

Why Consider a General Assignment of Assets to Trust for Your Plan

Clients choose a general assignment when they want a practical, streamlined way to transfer many personal property items and other assets into a trust without individually retitling each item. It suits households with varied possessions, frequent moves, or limited time for administrative tasks. The assignment clarifies intent and supports trustee authority, and it pairs naturally with a pour-over will to catch any assets left in the grantor’s name at death. This approach helps families focus on priorities while maintaining solid planning fundamentals for incapacity and after death.

Another reason to consider a general assignment is that it provides a documented record of the grantor’s wishes for assets that are otherwise informal or cumbersome to transfer. For military families, retirees, and civilians alike, the assignment reduces paperwork and provides continuity across moves. When combined with proper retitling for real property and essential accounts, the assignment helps create a comprehensive plan that minimizes probate exposure and provides trustees clear authority to manage and distribute trust assets in accordance with the grantor’s intentions.

Common Situations Where a General Assignment Is Helpful

Typical scenarios for a general assignment include households with significant personal property, people who travel or relocate frequently, and those who wish to simplify trust funding without immediately retitling every asset. It is also helpful when a grantor wants a straightforward way to place miscellaneous or hard-to-title items into the trust. The assignment is also useful as part of an overall estate plan that includes a pour-over will and other documents to ensure a consistent approach to asset management and distribution.

Households with Extensive Personal Property

Families with many household items, collections, vehicles, or other personal property can benefit from a general assignment that groups such items under the trust. Listing each item individually can be time-consuming and impractical; an assignment can instead identify categories or include language that encompasses these kinds of property. The result is a simpler trust funding process and clearer documentation for trustees managing personal property during administration or distribution.

Frequent Relocations or Military Moves

People who move frequently, including military families, often find retitling every asset impractical. A general assignment covers portable and frequently changing assets without requiring repeated transfers. This approach reduces paperwork and helps maintain continuity in the trust estate as household contents and personal property shift location. The assignment supplements retitling of key assets like real estate while providing a practical solution for items that travel with the family.

Simplifying Funding for a Revocable Trust

Grantors who want to fund their revocable trust without spending excessive time on title changes may use a general assignment to capture many assets. When combined with retitling for critical accounts and deeds for real property, the assignment helps complete trust funding efficiently. This simplifies the trustee’s role and reduces the chance that personal items or less formal assets are overlooked, helping the estate plan function smoothly during incapacity or after death.

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Local Service for Beale Air Force Base and Yuba County Residents

Law Offices of Robert P. Bergman provides estate planning services for individuals and families in Beale Air Force Base, Yuba County, San Jose, and surrounding areas. We help clients prepare revocable living trusts, pour-over wills, general assignments of assets to trust, powers of attorney, advance health care directives, and other core planning documents. Our approach emphasizes practical solutions that match each client’s household, military status, and goals, ensuring documents work together to provide clarity and continuity for trustees and beneficiaries.

Why Choose Our Firm for Trust Assignments and Estate Planning

Clients rely on the Law Offices of Robert P. Bergman for clear, client-focused guidance in preparing trust documents and related estate planning instruments. We focus on creating documents that are straightforward to administer and aligned with each client’s goals. Our service includes reviewing asset lists, identifying items that need retitling, and drafting a general assignment that meshes with your revocable trust and pour-over will. We aim to minimize future disputes and administrative burdens for trustees and family members.

Our work includes helping clients navigate the interaction between the assignment and other documents such as certification of trust, financial power of attorney, HIPAA authorization, and retirement plan trust arrangements. We take the time to explain which assets should be retitled and which can be covered by assignment, and we coordinate beneficiary designations when necessary. This holistic process ensures the estate plan functions as intended and that trustees have the documentation they need when managing trust assets.

We provide practical support for military families, retirees, and civilians who want an efficient, well-documented approach to trust funding. Our goal is to deliver documents that are clear, defensible, and responsive to real-life circumstances such as relocations, asset changes, and family dynamics. By prioritizing accessible communication and thorough planning, we help clients implement trust funding strategies that reduce administrative friction and protect family interests over time.

Ready to Discuss a General Assignment for Your Trust?

How We Handle General Assignments and Trust Funding

Our process begins with a thorough review of your existing estate plan, asset inventory, and goals for trust funding. We identify assets that can be assigned versus those that should be retitled and propose a coordinated plan. We draft the general assignment, review it with you, and explain any follow-up steps such as deeds or account changes. We aim for a smooth, well-documented result so trustees can administer the trust with confidence and family members have a clear roadmap during difficult times.

Step 1: Asset Review and Planning

The initial stage involves compiling an inventory of assets and reviewing existing documents to determine the most efficient and legally sound approach to funding the trust. We look at titles, account registrations, beneficiary designations, and any special assets that might require unique handling. This review clarifies which assets can be assigned and which need retitling or beneficiary changes, shaping a plan that balances convenience with legal certainty.

Document and Title Assessment

During the document assessment we verify trust provisions, existing wills, and any powers of attorney or health care directives. We also check deeds and account registrations to see whether certain assets must be retitled or whether they can be effectively covered by a general assignment. This careful review prevents conflicts and ensures that legal steps taken now will produce the intended results later.

Asset Categorization and Strategy

We categorize assets into those that should be retitled, those that can be assigned, and those that may require beneficiary updates. This strategy helps prioritize tasks so that critical titles and accounts receive attention while less formal property is handled through the assignment. The result is a clear, prioritized plan for funding the trust efficiently and thoroughly.

Step 2: Drafting and Execution of the Assignment

Once the plan is set, we draft the general assignment and any complementary documents, such as deeds or beneficiary forms. We prepare the assignment to reflect the grantor’s intent, reference the trust by name and date, and identify the scope of assets covered. We then review the document with the client, make any needed revisions, and assist with proper signing and notarization so the assignment will be accepted by institutions and will serve its intended purpose.

Drafting the Assignment Language

Drafting focuses on clear, precise language that defines the assets being assigned and connects the assignment to the trust document. We ensure the assignment states the grantor’s intent and provides the trustee with authority to manage the assets. Clear drafting reduces later disputes and makes it easier for banks, financial institutions, and courts to recognize the assignment as part of the trust’s funding plan.

Execution and Recordkeeping

After drafting, we assist with signing, notarization, and delivering the assignment to relevant parties. We also recommend maintaining updated records and providing copies to trustees and family members as appropriate. Proper recordkeeping helps ensure that the assignment is readily available when needed and supports the trustee in administering and distributing trust property according to the grantor’s wishes.

Step 3: Follow-Up and Ongoing Review

Following execution, we help clients complete any remaining retitling, beneficiary updates, or deed recordings required to finalize trust funding. Periodic reviews are recommended after major life events such as marriage, divorce, retirement, or relocation. Ongoing attention keeps the trust aligned with current assets and family circumstances, ensuring that the general assignment and other documents continue to achieve their intended results.

Completing Retitling and Beneficiary Changes

We assist in completing any retitling of real estate, transfers of automobiles, or changes to account registrations, as well as updating beneficiary designations when necessary. Ensuring these steps are finished reduces the likelihood of assets falling outside the trust and simplifies the trustee’s role when managing distributions or handling creditor issues during administration.

Periodic Plan Reviews and Updates

We recommend periodic reviews to confirm the trust and assignment still reflect the grantor’s goals and asset profile. Life changes such as moving, changes in family structure, or acquiring new assets may require updates. Regular reviews maintain consistency across documents and provide peace of mind that the trust estate will be managed and distributed as intended.

Frequently Asked Questions about Assignments to Trusts

What is a general assignment of assets to trust and how does it differ from retitling?

A general assignment of assets to trust is a written declaration where a grantor assigns certain property to their trust, often describing categories of personal property and other assets that are difficult to retitle individually. It differs from retitling in that retitling changes the legal ownership record for a given asset, such as recording a deed for real property or updating account registration. The assignment clarifies intent and can simplify funding for personal and portable property, while retitling provides explicit title changes that are sometimes required for full legal effect. Choosing between assignment and retitling depends on the asset type and legal requirements. Real property, many financial accounts, and vehicles often benefit from or require retitling into the trust, whereas household goods and miscellaneous personal property can be covered by a general assignment. A coordinated plan that uses both tools often provides the best balance of efficiency and legal certainty, ensuring the trust functions smoothly during administration and distribution.

A general assignment can help reduce the number of assets subject to probate by documenting that certain items are intended to be part of the trust. However, it will not avoid probate for assets that must pass through probate due to title or beneficiary designations. Accounts and properties that remain in the grantor’s name, or that have beneficiaries designated outside the trust, may still be subject to probate unless properly retitled or coordinated with beneficiary forms. To minimize probate exposure, it is important to follow up an assignment with necessary retitling of deeds, updating account registrations, and confirming beneficiary designations align with the trust. This combination of steps reduces the chance that significant assets will be left outside the trust and subject to probate administration.

Homes and vehicles typically require formal retitling to place them into a trust, because title records and motor vehicle registries often rely on specific deeds or transfer documents that a general assignment may not satisfy. Real property is recorded with the county recorder, and the transfer into a trust usually requires a new deed. Vehicles often require title changes through the motor vehicle department. A general assignment is not a substitute for these formal transfers when the jurisdiction or institution requires proof of title change. For many clients, a hybrid approach is recommended: retitle real estate and vehicles into the trust while using a general assignment for personal property and items that are not easily retitled. This ensures clear legal ownership for major assets while keeping the process manageable for personal items and less formal property.

A pour-over will serves as a backup that directs any assets remaining in the grantor’s name at death to the trust. When a general assignment is used during life, the pour-over will catches anything that was not assigned or retitled and transfers it into the trust for distribution under the trust terms. The pour-over will typically goes through probate to move assets into the trust, so while it provides a safety net, relying on it alone may result in probate for those assets. Combining a general assignment with a pour-over will and appropriate retitling reduces the assets that must pass through probate and provides a comprehensive plan. The pour-over will ensures no intended assets are permanently left out of the trust, while the assignment and retitling minimize the need for probate in the first place.

Retirement accounts and life insurance policies are governed by specific beneficiary designation rules and account contracts, and in many cases they pass directly to named beneficiaries regardless of an assignment. A general assignment usually does not change the beneficiary designation on these accounts and therefore will not transfer them into the trust unless the account owner changes the beneficiary to the trust or retitles the account in accordance with plan rules. It is important to review plan documents and account terms before assuming such assets can be assigned. To align retirement and life insurance benefits with the trust plan, clients often update beneficiary designations to name the trust, establish a retirement plan trust where appropriate, or coordinate documents with counsel. Each option has tax and administrative considerations, so careful planning ensures that these accounts pass as intended and do not inadvertently create conflicts with the trust’s distribution plan.

Military families at Beale Air Force Base should begin by inventorying assets and identifying any accounts tied to military benefits, retirement systems, or housing arrangements that have unique rules. Next, coordinate a plan that uses retitling where required—especially for real estate—and a general assignment for portable personal property. Reviewing beneficiary forms for military-related accounts and life insurance is also important to ensure alignment with the trust plan and to avoid unintended beneficiary outcomes. Because military life often involves moves and changing circumstances, periodic reviews are advisable. Maintain accessible copies of your trust and assignment documents, and make sure trustees and family members know where to find them. Address any base-specific or federal benefits with counsel to confirm how those assets should be handled within your estate plan.

Choose a trustee who is trustworthy, organized, and willing to carry out the trust’s provisions. This can be an individual family member, friend, or a corporate trustee, depending on the complexity of the estate and the needs of the beneficiaries. The trustee will need copies of the trust document, the general assignment, certification of trust if applicable, and any powers of attorney that clarify management roles during incapacity. Good recordkeeping and communication are essential for a smooth administration. Providing the trustee with clear documentation and contact information for institutions holding assets can help them act efficiently when necessary. Trustees should also be prepared to handle accounting, tax filings, and distributions according to the trust terms, and may need to consult counsel for legal or tax questions that arise during administration.

Review your general assignment and trust documents after major life events such as marriage, divorce, childbirth, death of a beneficiary, retirement, or a significant move. Regular reviews every few years are also recommended to ensure beneficiary designations, account registrations, and titles continue to reflect your current intentions and asset profile. Periodic review helps prevent assets from falling outside the trust and ensures new assets are properly planned for and assigned as appropriate. Keeping documents up to date also simplifies administration for trustees and reduces the likelihood of disputes. When life or financial circumstances change, taking prompt action to update titles, beneficiary forms, and assignment language helps maintain clarity and effectiveness in your estate plan.

If someone contests a general assignment, the outcome depends on the clarity of the document, supporting evidence of intent, and applicable law. Properly drafted assignments that reference the trust and include the grantor’s signature and, when helpful, notarization or witness statements are more likely to be upheld. Clear records such as inventories, correspondence, and related trust documents can support the grantor’s intent and the validity of the assignment. Contests may still arise and can require legal resolution, which makes careful drafting and recordkeeping important. Working with counsel to ensure the assignment and trust are consistent and legally sufficient reduces the likelihood of successful challenges and helps trustees respond effectively if disputes occur.

Powers of attorney and HIPAA authorizations complement a general assignment and trust by ensuring designated individuals can manage finances and medical matters during incapacity. A financial power of attorney can give an agent authority to manage non-trust assets and handle retitling or beneficiary changes as needed. A HIPAA authorization permits access to medical information so health care decisions can be made in line with the advance health care directive and the trust’s incapacity provisions. Coordinating these documents with the trust and assignment ensures continuity in decision-making and asset management. Together they provide a comprehensive plan that addresses both property management and medical decision-making during incapacity and supports smooth administration should the grantor become unable to act.

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