Living Trust & Wills

Joint Living Trust
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Living Trust

One of the reasons living trust is so popular is that it avoids probate. Probate is the court process that reviews and validates wills. Probate can take months to complete and incurs the expense of an attorney as well as court fees. When you use a last will to transfer assets after your death, you must pass through probate before it can take effect. Once the will is approved, then the transfer of assets can take place. Will become public record as part of the probate process.
Trust on the other hand does not need to go through probate and is not part of the public record (so no one knows anything about your beneficiaries or what assets you are distributing). There are no fees involved with trust. When you use a trust, your assets are passed according to the instructions you include in the trust document. You can choose to transfer your assets to your beneficiaries immediately after your death, or you can set up transfer dates in the future (such as milestone birthdays to ensure your beneficiaries are mature when they inherit).

It is important to understand that just because an asset does not go through probate does not mean that it avoids estate tax. Assets passed via a trust or will are included in the taxable estate. The federal estate tax currently applies only to estates worth more than $5.43 million. State estate taxes vary greatly with some states applying no tax and others applying the tax to estates of moderate amounts.

It is commonly recommended that if you create a living trust you should also have what is called a pour-over will. In case any property is mistakenly left out proof the trust, the pour-over will transfer those leftover assets to the trust.



Our Living Trust includes:

Pour over will
Power of Attorney for Financial
Power of Attorney for Health care

Quitclaim deed
If you own real property we recommend you transfer the ownership to your trust in order to avoid Probate.

Contact us for more information:
Phone: 760-754-9059



A simple case is one where you and your spouse reach an uncomplicated resolution to your divorce case. A divorce such as this is considered “uncontested.” In California, an uncontested divorce could mean one of two things:

You and your spouse agree on how to handle property, money, and parenting issues. In some cases, this means neither party will need to file a response to the court filing.

Your spouse does not disagree with you on your requests and is not likely to file forms in court saying so. In a situation where the spouse does not file a response, the Petitioner will receive a “default” judgment.

With an uncontested case, you may not need to have the court hear your case. Instead, the case can be handled by mail or by brief contact with the judge or the judge’s clerk.


The Califoirnia State of Secretary commissioned Notary Public

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