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Benefits of a Living Trust & Will

There are many benefits when creating a living trust, but first, it is important to understand what a trust actually is. A living trust is a legal instrument that holds property and assets for the benefit of your loved ones. The person who creates the trust is called the settlor or grantor. The person who manages the trust (which most likely is the person who created the trust, but passes on their powers once they die) are called trustees. And the people who benefit from the trust are called the beneficiaries. The advantages for setting up a trust include avoiding probate court, saving on estate taxes, and planning for possible future incapacitation.

Why Create a Living Trust?

One of the first steps in the estate planning process is to establish a living trust which controls the disposition of your assets and has different advantages when compared to a will. The will and trust documents are similar, as both determine how your affairs, assets, and property should be handled and distributed after you pass away. However, the greatest benefit of choosing a living trust, instead of a will, is the fact that a trust avoids the probate process, while a will does not. Essentially, probate gives the court the power to decide how your assets are distributed, and it tends to be a lengthy and extremely costly procedure that can demand eight to twelve months (or much longer) of court procedures before your family can inherit anything. By having a living trust, the process ends up being significantly quicker, and only takes weeks to resolve. If you own property in other states, a living trust will be especially advantageous as it can help your family avoid multiple probate situations.

Probate can be quite expensive, in addition to being lengthy, and the probate administration process is often estimated to cost between 3 and 10 percent of the estate’s total value. Creating a living trust will help you opt-out of the probate court system and avoid expensive (and unnecessary) court costs and legal fees. Living trusts are easy to set up, maintain, or even cancel, and are nearly impossible to contest in court, if created properly.

How to Avoid Probate

A living trust is put into place to prevent the court system from controlling your assets or affairs in case you pass away or become physically or mentally incapacitated.  Without a trust, everything is thrown into probate, where a person will be appointed to oversee your financial and health-related affairs, whether you like that person or not. With a living trust, however, once a death or incapacitation issue occurs, the other trustees can replace the main administer of the living trust without any court-administered proceedings.  Avoiding probate will save your family time, money and most importantly, reduce the stress and anxiety associated with those difficult life emergencies.

In most cases the administrator of a living trust will typically be a spouse, however, if a person is unmarried or the spouse is unable to serve in that manner, a trusted friend or other relatives can serve as a trustee. A living trust, unlike a will which is a matter of public record, also allows your family to handle their family affairs privately and protects against the advances of disgruntled heirs or unscrupulous solicitors.  A will simply does not offer the same level of legal protection for a person’s assets.

A living trust will provide maximum control over your personal matters and financial affairs, both while you are living and after you pass away. A trust also offers a quick, easy, and cost-effective way to distribute assets to family members and heirs while also allowing you to decide who will administer the estate during the entire process.

Speak to An Experienced Attorney Today

When you are ready to start securing your finances and family’s future, give our team of experienced estate planning attorneys at Elder Law Services of California a call at  (855) ELDER LAW or (855) 353-3752 for a FREE consultation today! We look forward to working with you to secure your assets for future generations.

A living trust will make your family’s lives easier in the event of a sudden death or emergency situation, and being prepared now is much better than having to fight through the court system to resolve a matter involving your own assets.

The following are common questions about Wills and Trusts.
What is the difference between a living will and a last will?
What questions should I ask a lawyer about a will?
What questions should I ask a lawyer about a Living Trust?

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Client Testimonials

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Elder Law Services of California
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Gaby gave me necessary and important information. She was charming and very experienced in the field of Elder Law. I highly recommend this firm and want to share the reassurance I received.
Response from the owner: Melissa, thank you so much for the positive review. We look forward to being of service to you again, anytime you need us.
Response from the owner: Thank you for your rating Lisette. Please let us know if and when we might be of further assistance to you.- Robin Montano
I spoke to Robin and Isabel and they have outstanding customer service skills genuinely kind friendly and knowledgeable as to the needs I had ! i recommend elder law services of california 100% for accurate helpful resolutions to real estate and protection of assets for your elderly loved ones
Response from the owner: Momma Joyce, Thank you so much for the positive review, it means a lot to us. Our team works hard to help valuable clients like you and appreciates your generous acknowledgement. It's our sincere pleasure to serve you. Best,Robin M.
My family greatly appreciated the law service that Judd, Sergio and Robin provided my brother and his estate before his passing. They traveled to the hospital, explained everything accurately, expedited the process due to his health and secured my brother's estate. The trust that was generated is securing his whole estate just as he willed. This couldn't have been done any better.
Response from the owner: David, Thank you so much for the positive comment. Our team works hard to help our clients with their legal, Medi-Cal, and Estate Planning needs and always appreciates honest feedback. We're pleased that you are pleased. Best regards to you and yours, Judd, Sergio, Robin and all at Elder Law Services of California
Think of every superlative you know. Got 'em?Now you know my experience with Elder Law Services of California!A lady there, Ms. Montano, is a gem! She opened my eyes to how aLaw Firm can be of enormous help if you contact one like this one!
Response from the owner: George,Thank you so much for the positive comments, you made my day. Our team works hard to help our clients with their legal, Medi-Cal, and estate planning needs and always appreciates honest feedback. We're pleased that you are pleased. Best to you, Robin M.
We went for a living trust and we had very professional service.If you decided to do one, this are the place to do it, thanks 👍
Response from the owner: Thank you Mr. Molina. Just let us know if we can be of additional service.
Friendly staff, when the time comes for me to finalize my affairs, I would recommend this law office
Response from the owner: Thank you for the review Jesse. Just let us know if there's anything we can do for you.
Friendly and professional office
Very helpful ! They really guide you . I am very satisfied and recommend then!!
Very pleased with the assistance my parents received with the drafting of their revocable Living Trust, from Attorney Judd Matsunaga. Will definitely refer to family, friends, and associates.
Top notch! They have done services for my husband and I. Also my mother. My sister will also be using their services.They are caring. Professional. Are quick to answer questions whether by phone or email. The pricing is spot on and they go above and beyond the norm. I love the many locations.They are great communicators and are able to help us past some of the legal jargon. They are also a "teaching" institute. Judd Matsunaga writes articles coaching his readers. AND they conduct many seminars - free of charge!I can't say enough positive things about Elder Law Services of California and I'm one to not write positive feedback unless my statements are true.A++++ all the way! 5 star and more........

Elder Law Services was very personable and professional! We recommend them to anyone who is in need of Elder Law representation.

Nancy, from Los Angeles CA

Business Owner

“Our family is so thankful for the services provided by Elder Law Services of California. They are completely professional, honest, and courteous throughout my mother’s Medi-Cal application from the beginning to the end. They were with us all the way. We can’t thank you enough.”
Ricardo, from Los Angeles CA

Business Owner

Elder Law Services was extremely informative, detailed, and professional in the completion of our Trust.



“Thank you very much for all your hard work. The best law firm I have ever worked with. They are very thorough with all the documents. Very good job on our complicated case!”
Keith and Ralene, from Hollywood, CA

Family Business Owner, Business Owner

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