• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • Who We Are
    • About Our Firm
    • Attorney and Staff Profiles
    • Scott P. Schomer Certified As Specialist In Estate Planning, Trust And Probate Law
    • Trust and Probate Litigation: Verdicts and Settlements
  • Services
    • Estate Planning
    • Probate
    • Trust Administration
    • Trust, Probate and Estate Litigation
    • Family-Owned Businesses
    • IRA & Retirement Planning
    • LGBTQ Estate Planning
    • Loss of a Loved One
    • Power of Attorney
    • SECURE Act
    • Special Needs Planning
    • Asset Protection & Business Planning
    • Estate and Gift Tax Figures
    • Young Families
  • Probate
    • Is Probate Always Necessary In California?
    • Probate & Estate Planning Savings Calculator
    • Probate Administration
    • Probate Code 850 Petitions
    • Probate Disputes
    • Probate In California
    • Probate Laws
    • Probate Litigation
    • Why Hire A Probate Attorney
  • Elder Law
    • Conservatorship
    • Coping with Alzheimer’s
    • Estate Planning
  • Resources
    • Elder Law
      • Elder Law & Medi-Cal Definitions
      • Elder Law Reports
    • Estate Planning
      • Estate Planning Articles
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
        • Advanced Estate Planning
        • Basic Estate Planning
        • Estate Planning for Niches
        • Trust Administration
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Special Needs Planning Can Protect Benefits
      • Top 10 Estate and Legacy Planning Techniques
    • Free Estate Planning Worksheet
    • Free Seminars
      • Webinars
    • Frequently Asked Questions
      • Advance Health Care Directives
      • Asset Protection
      • California Adult Conservatorship
      • Estate Planning
      • Estate Planning & Remarriage
      • Frequently Asked Questions For Families Without An Estate Plan
      • In-Home Elder Care
      • IRA Inheritance Planning
      • IRA & SECURE Act
      • Irrevocable Trust
      • Last Will and Testament
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Living Trust
      • Probate
      • Special Needs Planning
      • Trusts
      • Trust Administration
      • Wills
    • Newsletters
    • Pre Consultation Form
    • Presentations
    • Published Book
    • Trust Administration & Probate Resources
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss of a Loved One
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
  • Reviews
    • Our Reviews
    • Review Us
  • Communities We Serve
    • Los Angeles County
      • Bellflower
      • Cerritos
      • El Segundo
        • El Segundo Probate Resources
      • Hawthorne
      • Inglewood
      • Long Beach
        • Long Beach Elder Resources
        • Long Beach Probate Resources
      • Manhattan Beach
      • Playa del Rey
      • Santa Monica
      • Westchester
        • Westchester Elder Resources
        • Westchester Probate Resources
    • Orange County
      • Anaheim
      • Buena Park
      • Cypress
      • Fountain Valley
      • Garden Grove
      • Huntington Beach
        • Huntington Beach Elder Resources
        • Huntington Beach Probate Resources
      • Los Alamitos
        • Los Alamitos Probate Resources
      • Rossmoor
      • Stanton
      • Seal Beach
      • Westminster
  • Contact Us
  • BLOG
  • Videos

Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys

Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys

Connect With Us Today (310) 337-7696

Attend a Free Event
Home » Article » LA Probate Law: Explaining Wills and Trusts

LA Probate Law: Explaining Wills and Trusts

October 16, 2015Article

LA Probate Law: Explaining Wills and Trusts

 

Before you decide to visit or higher in a state lawyer it may be as an idea for you to spend some time looking into and learning about the different documents that are involved with estate planning. When of the biggest topics when discussing estate planning is probate. This is when a court-supervised is all the transferring of legal titles to your assets, after your death, to the beneficiaries of your estate. It is wise for you to hire a lawyer who knows and understands LA Probate Law. When an estate goes to probate you must prove the validity of the will, a legal representative must be appointed, all of the assets in properties must be appraised and valued, all debts and taxes must be paid in the remaining property must be distributed to the beneficiaries as deemed by the deceased. This entire process usually takes between a couple months and several years. It all depends on the size of the estate. Once an estate goes into probate the entire process automatically becomes public record. This can become very frustrating for people who are concerned about their privacy in regards to all of their financial information. If you have any properties that are listed in your name but do not appear in the estate they automatically become probate property. This is why a last will goes to probate and a living trust does not.

Many people believe that a trust is more ideal than a will because with this you do not have to go to probate. This is not the only detail that you should worry or be concerned about when you’re deciding upon your estate planning. Both the living trust and the living will have benefits and disadvantages but not all estates are good for both. When you have a will drawn up there is a formal proceeding that must occur and this is called executing the will. As this can be very complex it would be advised that you sought the advice of an attorney. When dealing with LA Probate Law the complexities can easily confuse you and this is not a situation where you want to make mistakes. All will not going to affect until the person who executed it dies. There are Non-probate properties such as a Life Insurance, retirement plans in joint tenancy at counts that automatically and directly transfer to the beneficiaries who are named in these documents, by whenever institution has holding of them. For those who are concerned about the cost in which one is cheaper between a living will and a living trust it can be said that to create a will cost less than a trust, but as the will goes into probate later on down the road it will become much more expensive than a trust. If the person who executed the will at some point becomes ill or disabled be it mentally or physically a guardian must be appointed. This can become very expensive as well.

As with most Las a very state by state when pertaining to last will. When a will has been drawn up properly it should remain valid even if moved out of state. However if an Atty. was not hired to guarantee that no mistakes were made in the process of creating the will and there is any uncertainties regarding it, the probate court will step in and use the state of residency laws to distribute the assets says LA Probate Law. If changes need to be made to a will the process to do so can be just as difficult as originally drive the will up. Many times starting all over again from scratch is easier than amending the previous will. Upon the person’s death the original as well as any amended wills must be presented to the probate court. The probate court is just part of the process when you have a will this is not a reason to discount this as an option. The probate process can be quite simple it all depends on the size of the estate and if anybody comes forward to contest the will.

In regards to a living trust, this is a contract between the creator and the trustee who after the creators death will hold onto the assets for the beneficiaries. Involving a lawyer that knows LA Probate Law can make this process simpler and help in overseeing that everything is done correctly. When dealing with a living trust there need to be three parties involved, the grantor, the trustee and the beneficiary. The grantor continues to have all rights of managing the trust while he is alive and mentally competent. He is freed add any conditions that he sees fit as a living trust is contract shall. Because most states have the same laws concerning trust is easy to move state to state without too many problems being involved. There are no limits or restrictions when it comes to adding or removing property or assets to a living trust. Unlike a living will a trust is kept private and is never made public. A trust is more expensive to create and maintain but upon the grantors death there will not be legal fees and court fees adding to that. There are fewer burdens left on the spouse, children and loved ones. Upon this person’s death it is clearly define who inherits the assets within the trust. These assets can be distributed to his beneficiaries as he sees fit be all at one time or slowly throughout many years. This is a private process and the court does not need to supervise, it is a late into the hands of the trustee.

LA Probate Law: Explaining Wills and Trusts

 

  • Author
  • Recent Posts
Scott Schomer, Estate Planning Attorney
Scott Schomer, Estate Planning Attorney
A graduate of Boston University School of Law, Scott P. Schomer is a frequent lecturer on estate planning and elder law issues, having discussed these important issues on local and national television. A seasoned courtroom advocate, Scott has obtained combined judgments and verdicts in excess of twenty-five million dollars for his clients. Scott has served as a member of the Los Angeles Superior Court Probate Volunteer Panel (PVP Attorney), Probate Settlement Panel and a Judge Pro Tempore. Scott's expertise has been recognized by his peers with such accolades as a life-time membership in the Multi-Million Dollar Advocates Forum, the Five Star Wealth Manager designation, and repeated nominations as California Super Lawyer.
Scott Schomer, Estate Planning Attorney
Latest posts by Scott Schomer, Estate Planning Attorney (see all)
  • Things You May Need to Update in Your Estate Plan When You Enter Retirement - March 22, 2023
  • 10 Estate Planning Tips You Cannot Afford to Ignore - March 21, 2023
  • 7 Estate Planning Steps for the Beginner - March 16, 2023

Other Articles You May Find Useful

Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys
LA Probate Law: Are You at Risk for Inheritance Scams
Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys
LA Probate Law Recovering Stolen Assets
Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys
LA Probate Law: All About Wills
Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys
LA Probate Law Explains Probate Law
Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys
LA Probate Law What You Can Do with Bureaucracy Hold Up
Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys
LA Probate Law on Estate Planning Considerations

Primary Sidebar

Schomer Law Group, Los Angeles Estate Planning, Probate, and Elder Law Attorneys

Schomer Law Group

Subscribe To Our Blog

Sign up using the form below to get our latest estate planning updates!

  • This field is for validation purposes and should be left unchanged.

Testimonials

Client Review
July 29, 2020
    

We need to update our Living Trust and attended Schomer Law Group’s seminar. Afterwards we made an appointment and were impressed by the attention Scott Schomer and Liran Aliav gave to our case answering all questions and making suggestions how to minimize the estate tax. All the office staff is very friendly and we highly recommend Schomer Law Group.

Frank & Jutta R
Client Review
July 29, 2020
    

Mr. Schomer does an amazing job at explaining all the intricacies of establishing a trust. He and his team help you every step of the way so you always know what to expect and what you are preparing for. Best education you can get and the best gift you can give your family.

Paula M.
Client Review
July 29, 2020
    

We put off getting a trust for years. After attending a seminar with Scott Schomer we realized that the time had come to get a trust. We were given very good reasons for why we should get a trust. No pressure, just the plain facts. We are very relieved and happy to finally get our trust. Scott and Cesar were very knowledgeable, helpful and listened to our ideas of what we had to say. Any questions that we have now and in the future they are available to assist us to solve them. I recommend the Schomer Law Group and I wish we knew about them years ago.

Phillip G.
Client Review
July 29, 2020
    

When you’re presented with an invitation to attend in a mailer, you may have reservations, this was a truly gift!! My wife and I were educated and guided through the process of creating a family trust.
Both of our parents had attorney’s that “worked” with wills/trusts, but came up short. Fortunately, the Schomer Law Group was there! This is a group of attorney’s that only specialize in estate planning, law, and financial advice, so you know you’re getting expert and personalized advice. This is the best money we’ve ever spent!! Thank you!

Bob L.
Client Review
July 29, 2020
    

We knew we had to update our 10 year old ( 20 page ) trust. After several detailed meetings, Liran and Cesar produced a large ( 300 pages + ) highly detailed trust document that we have used to make sure our family estate is well managed and clearly understood.
They were all very helpful in answering myriad questions and explaining all the various options…

We would strongly recommend the Schomer Law Group to anyone with an estate of even modest means, to assure proper planning…

Bob S.
Client Review
July 29, 2020
    

We had contemplated updating our will and starting a trust for a number of years. After attending a talk by Scott Schomer we realized we were long overdue and the potential downside of not having our affairs in order was significant. Scott and his excellent team made the process simple and seamless. They were great listeners, addressed all our concerns and even pulled and processed all the paperwork from our financial institutions. If you are looking for assistance with estate planning, wills and trusts, we highly recommend Schomer Law Group.

Robert F.
Client Review
July 29, 2020
    

Very competent & informative – friendly atmosphere – ready to answer the most mundane questions – relaxed.

Joan S.
Client Review
July 29, 2020
    

Mr. Schomer was excellent in getting our family trust and estate affairs in order. My husband and I had put off doing this and Scott really made the process easy! He is very passionate in making sure his clients get all that they need and we really appreciated it. I would highly recommend him and look forward to the many years he will be available to assist our family.

Kim

Follow Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
  • Instagram
  • Pinterest

Office Address

El Segundo
2155 Campus Drive
Suite 250,
El Segundo, CA 90245
Phone: (310) 337-7696
Fax: 310-337-1277

See Larger Map Get Directions

Office Hours

Monday9:00 AM - 6:00 PM
Tuesday9:00 AM - 6:00 PM
Wednesday9:00 AM - 6:00 PM
Thursday9:00 AM - 6:00 PM
Friday9:00 AM - 6:00 PM

Footer

  • Advantages of Working With Our Firm
  • About The American Academy
  • Disclaimer
  • Privacy Policy
  • Sitemap
  • Contact Us

Schomer Law Group

Connect with Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
  • Instagram
  • Pinterest

footer-logo
© 2023 American Academy of Estate Planning Attorneys, Inc.

Schomer Law Group

Attorney Advertisement.

© 2023 American Academy of Estate Planning Attorneys, Inc.