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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.
Will-and-Estates Lawyer Carlsbad

Ensuring the well-being of loved ones, upon one’s death, is a priority for many families in Carlsbad.  Unfortunately, many believe a Will is all that is necessary to ensure heirs receive the decedent’s distributed assets, quickly and effortlessly.  The truth is, a Will without a Living Trust must go through the Probate process, and this is where the real stress can begin – welcome to The Lawyer In Blue Jeans Group!

Though Probate might sound simple enough, the Probate process is usually a very arduous procedure that involves substantial costs that can include court, attorney, and executor fees in addition to appraisal, accounting, and bond fees.  Add the consumption of personal time as well as waiting periods that can run a minimum of 12 to 18 months, you end up with the perfect storm for anxiety and frustration overload.  With some estates that have no Living Trust, it can take years for the Probate process to reach the finish line.

As a Will-and-Estates Lawyer Team, we focus our attention on Estate Planning and Probate Law – it’s all we do, and it involves a myriad of options for those in Carlsbad who wish to leave a legacy backed by thoughtful, organized, insightful legal planning.  Look at it this way:  a Comprehensive Estate Plan is what puts peace of mind into the legacy equation, and for many Carlsbad clients, that means absolutely everything.


Wills – More to the Story than Meets the Eye

As mentioned, if no Living Trust exists, a Will becomes subjected to the drawn out drama of the Probate process.  Probate becomes even more challenging and strenuous if the decedent had property or other assets in multiple states.

Having to wait years to enjoy the bounty of one’s inheritance can be avoided.  Our Will-and-Estates Lawyer team guides Carlsbad clients on how painful Probate can be eliminated altogether.


A “Pour-Over” Will

A Pour-Over Will is used in conjunction with a Trust.  It allows assets that are not titled in the Trust to be directed into the Trust upon one’s death.  This way, additional assets in individuals’ estates are not probated – they are “poured over” into the Trust.


A Simple Will

Unlike a Pour-Over Will, a Simple Will is not used with a Living Trust.  It caters to those who have very simple estates that may not involve any real property or minor children.  Property and other assets associated with a Simple Will are subject to Probate.

No matter what type of Will you might choose, the way to bypass Probate is to establish a Revocable Living Trust or an Irrevocable Living Trust.  The Lawyer In Blue Jeans Group is highly familiar with the intricate details of these types of issues, and we’re here to put your mind at ease!


Estate Planning – The Key to Calm

Ensuring your heirs don’t have to contend with the horrendous hassles of Probate means creating a Comprehensive Estate Plan, and including a Living Trust is key.  This is the best way to transfer your assets to your heirs, outside of Probate Court.

A Living Trust component ensures the proper management of your finances and healthcare if you become incapacitated.  At The Lawyer In Blue Jeans Group, our Comprehensive Estate Planning helps families and individuals of Carlsbad with any of their needs surrounding Living Trusts, Wills, Power of Attorney, Advance Health Care Directives, Trust Administration, and Entity Formation.

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    3990 Old Town Avenue
    Suite A-102
    San Diego, CA 92110