Why You Should Have a Trust in Your Estate Plan

When developing your estate plan in California, something that our estate planning attorneys in San Diego always recommend is to consider a trust in that plan. The creation of a trust serves as a counterpart to your Last Will and Testament and can help your loved ones to avoid some of the stress that will undoubtedly arise after your death.


Here are four reasons why we recommend using a trust in your estate plan:


Reason #1: Avoid Probate
Probate is a lengthy, time-consuming legal process in California. It is a type of legal proceeding in which the court system oversees the allocation of your assets when you pass away (a Judge and generic laws decide who gets what if you don’t on your own). One of the leading reasons why so many people in California opt to create an estate plan that incorporates a trust is because it avoids your family having to go through the probate process – a Will alone does not accomplish this goal. Preventing probate will make life a lot easier for your family because you are allowing them to avoid any potential legal obstacles, and deal with your estate privately amongst family.


Related post: 5 Mishandled Celebrity Estate Planning Cases


Reason #2: Tax Advantages
Depending on the size of your estate and the type of trust that you create and fund, it’s possible that there may be certain tax benefits that you can take advantage of. When you meet with our estate planning attorneys, we will walk you through the current assets of your estate and help you to develop a plan to utilize certain planning strategies that can help to reduce the overall tax implication of your estate.



Reason #3: Family Protection and Asset Control
A trust provides you with more control over your estate because you will get to determine how you want to distribute your assets. Keep in mind that if you opt to use a trust planning tool such as a living trust, you will have total control over what goes in and out of the trust during your lifetime. You aren’t giving away any assets, simply setting them up in a way that makes the process of distributing them easier when you are no longer with us.


Trusts will also ensure that you can care for your children, spouse, and other family members once you pass away. During this difficult time, a trust can help to streamline the process of ensuring that your loved ones receive their inheritance in a timely manner without the headache of having to jump through the court system. A trust can also ensure that minor children or beneficiaries with disabilities do not receive their inheritance without certain precautions in place. With proper planning, you can also leave the gift of asset protection and structure the inheritance so that it will never be lost to future divorce or lawsuits your beneficiary may go through.


Related post: 4 Benefits of Having an Estate Plan



Reason #4: Planning for Life’s Uncertainties
A worst-case scenario can happen at any time, such as an unexpected death or serious injury of a loved one. Utilizing a trust in your estate plan will allow your family to avoid any legal obstacles should a worst-case scenario happen. By establishing a trust, you are ensuring that you can take care of the people you love no matter what life throws at you.



Set Up Your Appointment with a Trust Attorney in San Diego Today
If you live in San Diego or any nearby areas in southern California, get in touch with us and set up a time to speak with one of our trust attorneys in San Diego.  Our lawyers can help you navigate the process of planning your estate and setting up a trust for your loved ones. Schedule an appointment with us today!


Testimonial from Laura, Satisfied Estate Planning Client
We went to Jenkins & Jenkins for estate planning and to set up a trust. They were extremely helpful in making what felt like a big, complicated decision, simple and easy. They were personable and I felt like friends by the end of our time. They were accommodating with everything from time, to financial issues. We HIGHLY recommend this firm for your estate planning needs. They were professional and patient – explaining all the “legalese” in easy to understand terms. It’s such a relief to not have to worry what will happen to our kids or our estate when we pass on.

Michael Jenkins

Michael Jenkins

Estate planning became personal to Michael when his father passed away suddenly without any plan in place. Since that day Michael has made it his mission to educate everyone on the need for an estate plan, provide the legal advice and guidance needed, and ensure that no family is left dealing with estate issues while grieving the loss of a loved one.


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