Trust Lawyers in Roseville
Planning an Estate? See if a Trust Will Work for You!
Setting up a trust should not be scary, financially or emotionally. At Patton Law Group, our Roseville trust attorneys are here to help you rest easy! Know that by working with our estate planning firm, your family, your assets, and your estate will be taken care of according to your wishes. Plan your life and we'll help you protect it!
Top 4 Reasons People Set Up Trusts
There are many benefits to setting up and reasons why people strongly consider setting up a trust. Some of the top reasons why trusts are created are for:
- Avoiding Probate
- Ensuring Assets are Distributed According to Your Wishes
- Avoiding Estate Taxes
- Planning For Incapacity
Below, our Roseville trust attorneys dive further into why creating a trust is favorable. If you are considering this option, we are ready to help you every step of the way!
Contact us online or call (916) 619-0783 for a free consultation. Our trust attorneys are here for you!
Probate Can Be Expensive
The probate court in California is difficult, expensive, and time-consuming. For anyone with real property (a house or land) worth over $50,000 OR total assets worth over $150,000 (meaning the value of everything you own), probate is required.
Probate fees are statutorily set, which means they are predetermined by the total amount of assets held in your estate. The "total amount" means the gross value (not the value after any debts or liens). These fees are expensive and do NOT include additional costs for estate taxes, court fees, appraisals, Executor fees, or other costs that often arise during the probate process.
Sample Probate Fees
Let's provide an example: Probate fees currently begin at 4% of the first $100,000 and go to 3% for the next $100,00 after that, 2% of the next $800,000 and so on. That means if your total estate is worth $100,000 upon your death, your estate will have to pay $4,000 in probate fees alone. Because the costs increase with the amount of assets you own, the probate fees only go up the more your estate is worth. Thus, an estate worth $400,000 will incur approximately $11,000 in probate fees, and a $1 million estate will incur about $23,000 in probate fees. Again, remember that this does not include fees above and beyond the standard probate fee, and it does include your gross estate. So, if you have a home valued at $800,000 with a $600,000 mortgage, the probate total would be for $800,000 and not $200,000. Also, keep in mind that this is calculated based on your total estate, meaning the value of your equity in your home, your personal effects, vehicles, bank accounts, etc.
Considering your estate plan? Choose a trust lawyer in Roseville backed
by a decade of experience!
Call (916) 619-0783 for a free initial consultation.
Ensure Your Wishes Are Met
Many believe that having a will will ensure that their assets are passed along according to the wishes outlined in it. Unfortunately, that's not always the case. A judge in your probate matter has the final say.
The probate judge will determine what to do with your estate based upon:
- Their interpretation of your will
- Arguments made by attorneys or family members, and other factors
A trust can more effectively ensure assets are transferred to whom you wish, when you wish, in the manner you wish. Specifically because it is handled by someone appointed by you, who knows you and is more likely to understand the underlying motives described in your trust.
Avoid Estate Taxes by Establishing a Trust
Depending on what the current estate tax is and what your total assets are, this may or may not be important. This is particularly true for those in California because property values are higher than the national average and increase the potential for an estate to fall outside of the estate tax exemption amount. Our trust attorney in Roseville can help you determine how much your estate could be if taxed and whether a creating a trust would be in your best interest.
Plan for Incapacity
What happens if you are alive but incapable of handling your affairs on your own? If you have no plan in place, then either a friend or family member (if you are lucky) or the state (if you are not) gets the court to order a conservator for either your person, your finances, or both.
It is unpleasant to think about what would happen if you become incapacitated. One of the major differences between a will and a trust is the ability to plan for incapacity. Since a will only comes into play once you have passed, it does no good while you are still living. With a trust, you have the opportunity to plan for your incapacity. You can appoint the person that you want to handle your finances and your health care decisions. Should you become incapacitated (or even if you simply no longer want to be in charge or have to deal with those types of decisions), the agent you have appointed can take over and handle your affairs for you. It can provide a smooth transition and peace of mind, while keeping your information private and out of the court system - something that is not available with a Will.
Other Reasons to Create a Trust
There are numerous other benefits involved with setting up an estate plan versus the grueling process of probate, in addition to the costs involved. Here are some, to name just a few:
Trusts can offer privacy, whereas a will is public record;
The process of setting up a trust is done according to your schedule, whereas the probate process is lengthy no matter how you approach it;
A trust allows for more flexibility and control over the distribution of your assets, whereas there is very little control in probate;
If you become disabled with a trust, you have someone you have designated and who knows you handling your affairs privately and as you wish, whereas the probate court will appoint a conservator who reports to the court on a regular basis and does not know about you or your concerns.
Need Guidance? Call a Roseville Estate Planning Lawyer.
If you are still unsure that a trust is right for you, contact the experienced estate planning attorneys at Patton Law Group. We are backed by years of experience and are ready to guide you to a solution that will ensure that your assets and wishes are taken care of. Do not hesitate to reach out!
If you’re in need of a living trust, make sure you understand the process by calling the Roseville trust attorneys at Patton Law Group at (916) 619-0783 for a free consultation.
“I really feel lucky to have found you and look forward to working with you.”- Arthur W.
“Rachel explained to me very clearly what a trust was in addition to the changes I was trying to make to my will.”- Susan D.
“I would like to thank you for all your hard work helping us get our family business in order.”- Kriss D.