Trust Lawyer Folsom, CA

When a loved one passes away and their beneficiaries and family members learn more about any trusts that loved one may have created during his or her lifetime, emotions and frustrations can run high. This may be especially true if loved ones feel left out or feel that the trustor did not fairly distribute his or her assets. This can cause irreparable family damage and unresolvable arguments.

Thankfully, working with an experienced trust lawyer in Folsom, California can be particularly helpful when estate-related tensions are running high. Instead of arguing with family, a trust attorney can step in as a professional, unbiased third party who can take this matter to court and help clients understand the rules of a trust. Alternatively, a Folsom, CA trust attorney can represent the interests of any single or multiple party involved if it becomes clear that a dispute will not be resolved by mere clarification of the trustor’s intent. There are many reasons someone may need to hire a trust attorney, so it is important to consider scheduling a consultation with Yee Law Group Inc. if you have any questions or concerns about a loved one’s trust.

What If You Were Completely Left Out Of the Trust?

Unfortunately, there are times when someone believes they will be a beneficiary of someone’s estate but they find out that the trustor did not name them as a beneficiary. This can be a hurtful and confusing reality. Before blaming any other beneficiaries or the trustee(s), please take a step back, collect your thoughts, and contact a Folsom, CA trust lawyer. There are many reasons that the trustor may not have listed you as a beneficiary, and some of these reasons may result in grounds for going to court. If you suspect fraud or undue influence, you may have a strong case for pursuing trust litigation.

What If the Trustor Removed You As a Beneficiary?

This is not entirely uncommon, and many people pursue trust litigation when they discover the trustor has removed their name from the trust as a beneficiary. What can you do when this happens? Your Folsom, CA trust lawyer can look at the context of the name removal and review what circumstances might have surrounded the trustor removing your name.

• Lack Of Capacity. For example, if the trustor was in a state of mental decline and they suddenly made several changes to their trust that seem illogical and contrary to what they would have done if they were in a proper state of mind, a trust attorney may have a solid case to take to court to say the trustors’ mental capacity was too far gone to make legal changes.
• Fraud Or Undue Influence. Additionally, if you believe these changes were the result of fraud—someone else entirely wrote your name out of a trust—or someone tricked the deceased into eliminating your name, a trust litigator can represent you in court.

Should You Represent Yourself In Court?

While a court will not require you to hire a Folsom, CA trust lawyer when trust disputes arise, trust attorneys understand the ins and out of what makes up a proper case regarding such disputes and will be able to offer legal guidance and prepare the evidence you need for your case. Estate law is complex and challenging to navigate. Please consider connecting with a trust lawyer in Folsom, CA if you have any questions or concerns rather than shouldering the burden of this situation alone.

Common Reasons Living Trusts Are Beneficial

Living trusts can act as a valuable tool in estate planning, which offer several key advantages for how assets are managed and distributed. By setting up a living trust, individuals can control their assets during their lifetime and have a clear plan in place for their heirs after they pass. One of the primary reasons people choose a living trust is its ability to help avoid the probate process, which can be time-consuming and costly for the beneficiaries. Additionally, living trusts provide greater privacy, as they do not become public record, unlike wills. For those looking to create a more flexible and efficient estate plan, a living trust can be an excellent choice. As a Folsom, CA trust lawyer, we see many families benefit from this approach by simplifying what can otherwise be a complicated process.

Avoiding Probate And Maintaining Privacy

One of the most appealing aspects of a living trust is the ability to bypass the probate process. Probate can be lengthy, expensive, and stressful for families, so avoiding it through a living trust is a major benefit. In addition to saving time and costs, a living trust provides privacy for your estate, as it does not become part of the public record. This ensures that your personal financial matters and the details of your estate remain confidential.

Managing Assets During Incapacity

Our Folsom trust lawyer will share that another significant advantage of a living trust is its usefulness in managing assets if the grantor becomes incapacitated. If a person is no longer able to make decisions due to illness or injury, a successor trustee can step in to manage the assets without the need for court intervention. This prevents delays and the necessity of appointing a guardian or conservator. The living trust acts as a safeguard, providing peace of mind and continuity in asset management.

Flexibility And Control Over Distribution

When assets are distributed to beneficiaries, living trusts allow grantors to maintain control over the process. This can be particularly beneficial if there are young children, minors, or individuals who may not be ready to manage large sums of money. Trusts can outline specific conditions or ages for beneficiaries to receive distributions, ensuring that assets are handled responsibly. This level of control can offer significant reassurance to those concerned about protecting their beneficiaries.

Tax Considerations And Savings

While a living trust does not automatically avoid estate taxes, it can play a role in minimizing taxes through strategic planning. Larger estates, in particular, may benefit from tax-saving opportunities that a living trust can provide. Proper planning with a professional can help reduce the overall tax burden and preserve more of the estate for future generations. Consulting a Folsom trust lawyer is crucial to understanding how to structure your trust to gain these tax benefits.

Simplifying The Estate Planning Process

There are several advantages to setting up a living trust which can include avoiding probate, maintaining privacy, and ensuring that your assets are distributed according to your wishes. It also provides protection during periods of incapacity and can help minimize taxes for larger estates. If you’re looking for an effective way to manage your estate, a living trust may be the right solution. Our team at Yee Law Group, PC can guide you through the process and help you create a trust that meets your unique needs with our over 40 hours of combined experience. We offer 24/7 live phone answering, contact us today to start planning for your family’s future.

Client Review

“Mike Yee and his team are amazing. They are fast and efficient, but you don’t feel rushed at all when meeting with them. Mike in particular is extremely patient, knowledgeable and articulate, and made the whole process as pleasant as writing legal documents can be. Highly recommended.”
Gerald Quon