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What is a Living Trust?

Revocable Living Trusts, also referred to as revocable inter vivos trusts (“inter vivos” is Latin for “between the living”), are an increasingly popular way to hold title to assets and avoid the Probate Court process. It is anticipated many more Americans will use a Revocable Living Trust in the years ahead.

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What is in a typical Estate Plan?

When one has an Estate Plan, and more specifically, a Revocable Living Trust, it is important that that Estate Plan be administrated. In other words, an administrator is the person that is nominated in the Living Trust document to manage the Trust.

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What is Probate?

Due to the fact, at least in the state of California, if you own real estate, you will be required to court-supervised Probate. Probate is a lengthy, costly, bureaucratic, court process, which the majority of Californians will have to go through. There is an option to avoid Probate, and that is the Estate Plan which would include a Living Trust.

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Slide SENSIBLE At the Lawyer in Blue Jeans Group we strive to keep it simple - providing our clients with a superior customer service experience and top-notch legal documents. We want you to feel relaxed and have a full understanding of your legal needs and how we can help to achieve them. Our comfortable and welcoming environment is more about “substance” than style. Slide EXPERIENCED At the Lawyer in Blue Jeans Group, our expert attorneys have over 50 years of combined experience. We specialize in the practice of Estate Planning, Probate and Trust Administration. By focusing our specialization in this field of law, we are able to deliver superior legal advice while staying up-to-date on changes that could affect your estate. Slide RELIABLE When you are seeking legal representation, you need a firm you can trust to do the right thing and protect your best interests. This is especially true when managing important assets such as your family’s estate. The Lawyer in Blue Jeans Group has been providing high quality legal services since 1976 and has helped more than 10,000 satisfied clients with their legal needs.
Probate Attorney Carlsbad

Thank you for spending a moment with The Lawyer In Blue Jeans Group.  It is, here, where families in Carlsbad benefit from our Probate attorney team which specializes in Estate Planning and Probate Law.  Many Carlsbad families who don’t have access to a Living Trust are confronted with the exasperation of Probate Court, once a loved one dies.

The Probate process involves the analysis of a decedent’s Will by the Probate Court to determine its validity and authenticity.  The Court will, then, manage the deceased person’s Will or manage a decedent’s estate that has no Will.  If only a Will exists without a Living Trust, the Probate process can stretch out for a year or years.  Though a Will and a Living Trust, both, transfer an estate to heirs, the Living Trust can, legally, skip Probate Court; a Will, on its own, cannot.

Probate is, inherently, very expensive and is filled with exhausting and frustrating red-tape bureaucracy.  During Probate, a decedent’s bank accounts, property, and other assets are seized by the court and frozen.  This means any potential inheritors cannot touch those assets until the Probate process comes to a final ruling determining asset division and distribution to beneficiaries. 

 

You can Avoid the Probate Nightmare

Don’t let the overwhelming complexities and challenges of the Probate process become your personal nightmare, after your loved one has died.  Our Probate attorney team provides the expertise our Carlsbad clients need to avoid Probate through the creation of a Comprehensive Estate Plan that would include a Living Trust.  If a person dies with or without a Will and does not have a Living Trust, the Probate process begins immediately.

One critical benefit of putting your money, real-estate, and other assets into a Living Trust is to bypass Probate.  That means the transfer of your assets can take place, immediately, upon your passing.  No Probate means no waiting, no stress, no unnecessary expenses, no court interference, and no complications.

 

A Probate Attorney Smooths Out All the Wrinkles

A Probate attorney from The Lawyer In Blue Jeans Group can prove to be an invaluable asset to help determine:

  • The mental capacity of the decedent at the time the Will was drawn up
  • Accusations involving undue influence or manipulation, elder abuse, or deception regarding the deceased’s decision to leave assets to a certain person or persons
  • The value of any property or assets included in the estate
  • Whether the executor correctly executed the Will
  • Possible commingling of estate and personal assets 

Our Probate attorney team can help mitigate these situations, paving the way for procedures to take place as smoothly as possible.  The biggest mistake one can make is attempting to handle Probate details on one’s own.  With the assistance and support of a Probate attorney, families in Carlsbad can avoid the overload of confusion, frustration, headaches, and expenses the Probate process generates.

Families in Carlsbad trust our law firm’s in-depth knowledge concerning Probate matters of all types.  The best way to avoid Probate is to include an experienced Probate attorney from The Lawyer in Blue Jeans Group who possesses an authoritative understanding for drafting:

  • A proper Estate Plan that includes a Will
  • A Revocable Living Trust
  • An Advance Healthcare Directive
  • A Durable Power of Attorney

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    3990 Old Town Avenue
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    San Diego, CA 92110

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