Choosing a Revocable Trust in Marin County, California
The two primary ways of managing one's estate are through a will or through a trust. Today, more people are choosing a revocable living trust because of its many advantages.
Benefits of a Revocable Trust
The first benefit of a trust is that it avoids the time and expense of a court-supervised probate proceeding. The second benefit is that trusts are private. This means there will be no proceedings in California courts regarding the trust, and the general public cannot look at public records to see how the estate is being distributed.
The third advantage of having a trust is that it may help avoid a conservatorship proceeding. This is because a properly drafted trust nominates a successor trustee to take over when you are unable to handle affairs. In most cases, there is no need for the court to impose a conservatorship because the client has already chosen someone to have that responsibility as trustee. If you choose a trust, make sure you decide who will be the successor trustee upon your death -- or even during your lifetime, if you do not want to or are unable to be the trustee. Consider appointing someone who is financially sophisticated and who you trust to carry out the terms of your trust without court supervision.
Marin County Lawyers Help Guide the Process
There are also some negative factors to be considered which choosing a trust. One is that you must make sure your assets are written in the name of the trust or assigned to the trust. If this process is not done properly, you risk having those assets probated. This is just one factor to keep in mind while choosing a trust. Hire an experienced legal professional who specializes in Marin County probate law. The Marin County probate attorneys can understand the issues that are involved in the case and provide legal advice on probate law.
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