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Home » LA Probate Law » LA Probate Law the Dilemma of Living Trusts

LA Probate Law the Dilemma of Living Trusts

August 4, 2015LA Probate Law

LA Probate Law the Dilemma of Living Trusts

 

For many people who are wealthy deciding how they are going to pass along their assets and money can be a difficult decision to make. In most cases they just want to do what is best for their children and family making sure that everything is done in a fair manner. However before you sit down and make final determinations on what each person or individual will receive you want to make sure that you have touched on a few specific things that will help to ensure that the right person receives the right property, cash or assets of yours. It is important to make sure that all of your final business is handled properly and in the means and manner that you would have wished them to be handled. LA probate law is not something that anyone likes to think about once their love ones to have to endure but it is something that none of us can avoid and have to face at some point.

A living trust is both easy to create and have established an offers you a way to ensure all of your assets and money is passed on with the least amount of complication or upset for your loved ones without them having to go to probate court. By drawing up some simple forms and having a few people there to witness this process you can take out of the equation to of the most common problems and they are to whom all of your assets and money will pass on to as well as specific identification of these assets. LA probate law can be complex and you want to make sure that you clearly understand that when you have established a living trust it does not necessarily mean that that trust will automatically go into effect you die. You need to make sure that everything that you have stated in the trust has been identified in transferred into that trust in order for to pass to your heirs. Seeking legal counsel can help you to make sure that your loved ones are provided for and that all of your assets and money have been handled in the proper manner. You cannot make a living trust out and simply put it away to never be dealt with again. I am doing so you are wasting both the time and money of ever having one drawn up to begin with. These trust need to be dealt with properly and cannot just be put away with no attention given to them. To consistently ensure that your living trust is being handled well ask yourself the following questions: have you established a milk onto Scott is making it so that there is not an option for beneficiary who is not happy with what has been handed to them cannot try and sue to receive more assets? This basically ensures that any beneficiary who tries to cause problems after your death will automatically lose the inheritance that was set aside for them.

It is also important to make sure that everything pertaining to your LA probate law trust has a backup plan established. This would include taking into consideration the possibility of the original person set up to handle the trust not being able or available to perform their duties. How then do you want your trust funds handled and you must also make it clear how and when the successor trustee would take over. Has your trust been set up with provisions for amendments to be made during your lifetime? If you choose to make amendments to the original trust that you set up how would you go about doing so? Is there a need for you to notify any beneficiary of the changes that have been made and should the successor trustee be made aware of these changes as well? All of this is very important and needs to be addressed so that there are not any delays or hang-ups upon your death. Identifying your assets is the next important step. When beneficiaries get into disputes over the deceased’s assets families and relationships can be torn apart. In order to avoid these complications or problems a catalog of all assets that belong in the trust needs to be made in order to ensure that everything can properly be handled. Any asset that has not been listed and catalog and specifically stated to belong to the trust is considered a free-for-all leaving it open for dispute amongst the beneficiaries. The person who is been set up and has agreed to handle the trust will not be responsible for any asset that is left out.

The design of the living trusts is so that all assets can be doled out to beneficiaries in the exact manner that the deceased would have wanted them to be given. Hiring somebody knowledgeable in LA probate law can help to make this process little smoother as most people are not educated in how things work when the trust is involved. When this is the case there is often times assets that are left out of the trust and this can create delays and extra burdens on people that you do not mean to be burdens for. When a parent dies there is often a lot of emotionally charged disputes and competition over assets that can occur. That is why it is so important that each person takes responsibility for their assets and ensures that their loved ones who are left behind after their death do not have to suffer anymore grief or hard ache than absolutely necessary.

LA Probate Law the Dilemma of Living Trusts

 

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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
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