A Living Revocable Trust ("RLT") allows you to stay in charge of your estate while you are alive and at the same time allows you to appoint a trustee to follow through with your wishes once you have deceased. A properly stuctured trust can potentially protect your property from creditors and from reimursement to the state for need based services. Most importantly a trust controls the distribution of your property once you are gone without having to go through probate.
Probate is a long and costly court proceeding where ultimately the court controls the distribution of your property. Even with a valid Will, if you do not have a Trust in place, your estate will most likely have to go through probate. Worst of all, you will be gone, and it will be the loved ones you left behind that bear the burden of going through probate.
A Will is a legal instrument used to designate where a person would like their real and personal property to go once they have died. A Will by itself, without an accompanying Trust, may still require court proceedings to fulfill your wishes. At CEP we will draft a valid Will for you, but we are of the legal opinion that a Will, without a Trust, or additional estate planning, leaves your estate and your heirs exposed to needless litigation.
POWER OF ATTORNEY
In California this document is referred to as a Durable Power of Attorney. When you are no longer able to make decisions on your own behalf this document allows you to appoint someone to make them for you. The irony surrounding a Power of Attorney is that when you need someone to make decisions for you, if you have not already created this document, your inability to make decisions will include your inability to have the legal capacity to create this document. That is why the key to making this document meaningful is to create it prior to you actually needing it.
For example if you are involved in an automobile accident and you sustain a serious head injury and you are unable to make medical or finacial decisions for yourself then you will need someone you trust making those decisions for you. The catch is, because of your serious head injury you no longer have the capacity to create a power of attorney. Accidents happen and creating a power of attorney now protects you into the future.
ADVANCED HEALTH CARE DIRECTIVE
An Advanced Health Care Directive ("AHCD") is a legal document in which a person specifies what actions should be taken for their health if they are no longer able to make decisions for themselves because of illness or incapacity. The AHCD gives you peace of mind because your wishes are known and documented and it also gives your family peace of mind because they do not have to try to make these difficult decisions without knowing what your wishes are.
FULL CUSTOM ESTATE PLAN PACKAGE
For complete peace of mind concerning your estate now, and into the future, we offer a full custom estate plan package. This custom package includes all the necessary documents to manage your estate and an ongoing maintenance program to make sure we keep your plan aligned with your most current wishes.
If a family member has passed away and you do not know what to do next, call CEP and we can help.
If there is a dispute over the validity of a Will or a Trust, or over the distribution of the property under a Will or Trust, call CEP and we can help.
Do you have questions about our services?
Contact us at (209) 948-3177 or email us at firstname.lastname@example.org
Custom Estate Planning
2001 Pacific Avenue
Stockton, CA 95204
Fax: (209) 249-5342
Attorney G. Archer Bakerink is a certified legal specialist in Estate Planning, Trust and Probate Law.