How To Avoid Probate Court

If one wishes to spare a loved one from the tedious process of probate court, creating a revocable trust is a viable option in California. Any individual can create a revocable trust, appointing themselves as the Trustee of their own estate and retaining the property in the trust until their death or incapacity. Thereafter, the successor Trustee will handle all the assets and administration within the trust on behalf of your beneficiaries. A trust creator can amend, cancel, or revoke their own revocable trust at any point that they are still capable of doing so. Typically, the revocable trust maker, Trustee, and beneficiaries are the same person. If the trust creator assigns beneficiaries to inherit their estate, assets transfer, and the trustee is no longer the legal owner of the property (that’s why there is no need to rely on a probate court to transfer assets upon the trust creator’s passing). Probate court could still be necessary if the trust maker neglects to assign a certain assets to the official trust, but a “pour-over” clause in the will serves as a solution in congruence with a revocable trust. The legal document ensures that the remaining assets automatically transfer to the preexisting trust. Call the Weiner Law team if you would like to know more about this popular option in California. Weiner Law 12707 High Bluff Drive Ste. 125 San Diego, CA 92130 (858) 333-8844 https://weinerlegacylaw.com/