How to Avoid Probate

Do you want to be Probated, or do you want to Avoid Probate?
If you have a Will, would it be a Probated Will?

One of the many misunderstood aspects about settling your Estate, “could my estate go to Probate if I have a Will”? There are many questions we would first ask, but there is a good chance your Will could go to be Probated! Having a Will does not mean you will not go through the Probate process .

Having your Estate structured well with a Living Trust could prove more beneficial to avoid Probate then having a “Probated Will”.

How much Protection will I have with a Living Trust?

Revocable Living Trust- creates the entity to which you transfer ownership of your assets and also contains the instructions for managing your assets during your lifetime and for their distribution upon your death. This Trust can be changed or revoked during your lifetime.
Certification of Revocable Living Trust- a condensed version of your Trust that is utilized by financial institutions to facilitate changing title of assets from your name to your Trust.
Community Property Agreement- transfers ownership of your joint property unless specifically designated as separate property of husband and wife.
Last Will and Testament (Pour-Over Will) - a will that states any assets not transferred to your Living Trust during your lifetime will become part of your Trust upon your death. This document also contains the Appointment of Guardianship for minor children. In the absence of this legal document, California law dictates the placement of children into foster home care until background checks are performed.
Financial Durable Power of Attorney- authorizes another person full legal authority to handle your financial affairs.
Advance Health Care Directive- authorizes another person full legal authority to make health care decisions on your behalf.
Directive to Physician- predetermined directive to withhold or withdraw life support.
Template for Distribution of Personal Property- distributes a specific personal item to an intended beneficiary.
Information for Survivors- detailed information for the Successor Trustee to handle your affairs upon incapacity or death.

Planning for Catastrophic Illness/Incompetency- is a formal declaration that you intend to return to your residence after you have been institutionalized. Your residence is only exempt from Medicaid “means testing” if you can prove your intent to return. If such proof is not available then the government can require you to sell your home.

Instructions for What to Do When Someone Dies- step-by step information in guiding your Successor Trustee in settling your estate.
Working Copy of Trust- an additional (text only) copy of your Living Trust.
Comprehensive Transfer Documents- creates the legal assignment of all your property from you as an individual to you as trustee of your Revocable Living Trust. If you were to die before you had completed the transfer of your assets into your trust, this document can be used to help fund your Trust after death.
Personal Property Assignment Forms- transfers your personal property from you as the Grantor to you as Trustee of your Revocable Living Trust.
Change of Ownership Notification Letters- requests institutions to change their official records to reflect your transfer of ownership.
Change of Beneficiary Notification Letters- assigns your Trust as the last final contingent beneficiary.
Future Guide for Acquiring or Disposing of Assets- instructions for identifying your Trust as either the owner or final contingent beneficiary with the buying or selling of assets.
Quitclaim Deeds for County Recording- document transferring single or jointly owned property to your Revocable Living Trust.
Deed Templates for Future Purchases or Refinancing- additional Quitclaim Deeds which can result in the savings of hundreds of dollars

At Pacific Coast Trust (www.PacificCoastTrust.com) our Revocable Living Trusts, which are simple, effective, and lasting solutions to many estate-planning problems. Because the preparation of every Trust is done as if it were our families own, you can rest assured that our Trusts are tried and proven over and over again. You can have complete confidence in knowing that your family and business desires will be private with your customized Revocable Living Trust. To make planning convenient and comforting, we handle most meetings at our client’s homes. We are available to accommodate the busy schedules of individuals and families.

Patty Sterling
Senior Trust Advisor
http://www.PacificCoastTrust.com