Will & Trust Attorneys in Santa Rosa, CA

Wills and trusts are crucial legal instruments that allow individuals to direct the disposition of their assets upon their death, ensuring the financial security of their families and loved ones. They serve a crucial role in estate planning, providing peace of mind and certainty about the future.

A will, or last will and testament, is a legal document that outlines how an individual wants their property and assets divided upon their death. The estate outlined in a will is subject to the probate process. 

A trust, on the other hand, is a legal arrangement where a trustee holds and manages assets for the benefit of others. Unlike a will, a trust can become effective during the lifetime of the trust maker and can bypass the probate process. 

Depending on your needs and goals, you can have both a will and trust. Both can allow for greater control over asset distribution and ensure that all property and assets are included in the estate plan. At Smith Dollar, our capable estate planning lawyers can assist you in creating valid wills and trusts, keeping them updated as your circumstances change, providing counsel on their management or administration, and negotiating or litigating any related disputes. 

Get a free initial consultation with a Santa Rosa will and trust lawyer by contacting us online or at (707) 405-7391.

Common Components of a Will

A standard will typically includes several key components. The declaration is the opening statement where the testator (the person creating the will) affirms their identity, mental capacity, and intention to create a will. The appointment of an executor, who will administer the estate, is another crucial element. The beneficiary designations section outlines who will inherit specific assets or a percentage of the estate. 

The will may also contain a guardianship designation for minor children and instructions for debts and taxes if applicable. It can even include instructions for the care of pets. 

In the State of California, for a will to be recognized as valid, it must be in writing, signed by the testator, or by a person in their presence and under their direction. It must also be signed by at least two individuals who witnessed the signing of the will.

If you die without a will, you are said to have died “intestate.” The distribution of your estate is then determined by California law through probate, which may not align with your wishes. This can be avoided by creating a comprehensive and legally valid will. 

Can I Update Or Change My Will After It’s Been Created?

After your will is created, you have the ability to make modifications or updates. We often advise our clients to reassess their wills periodically, especially after major life changes such as marriage, divorce, the birth of a child, or significant financial shifts.

You have two main options for updating a will: creating a new will or adding a codicil. A codicil is a legal amendment that alters specific parts of your existing will without invalidating the whole document. This method is suitable for minor adjustments. However, if substantial changes are needed, drafting a new will is often the preferable choice. To avoid any confusion, the new will should clearly state that it revokes all previous wills and codicils.

As experienced Santa Rosa wills attorneys, we highlight the necessity of having your will reflect your latest wishes and situation. Consistent updates can ensure your estate is distributed as per your desires and minimize future disputes among beneficiaries. Contact Smith Dollar to set up a consultation and maintain an updated estate plan.

Expert Legal Guidance for Wills and Probate Matters

The attorneys at Smith Dollar are well-versed in all aspects of wills and probate law. Our professionals are committed to offering comprehensive legal assistance, whether you require help with will preparation, probate navigation, or will contests. We are here to ensure your legal needs are met with the highest level of expertise.

Our services include:

• Drafting and reviewing wills to ensure your final wishes are clearly outlined
• Guidance through the probate process to ensure a smooth and efficient distribution of assets
• Representation in will contests to protect your rights and interests

Rely on the extensive expertise of Smith Dollar in wills and probate law to receive customized and efficient legal solutions that cater to your specific needs. Reach out to us to book a consultation and explore your wills and probate options.

Trusts in California

A trust is a fiduciary arrangement that permits a third party, known as a trustee, to hold and manage assets on behalf of one or more beneficiaries. The process of creating a trust involves several steps. The first step is the transfer of the trust maker’s assets into the trust, also known as "funding" the trust. This can include a variety of assets such as real estate, bank accounts, stocks, bonds, personal property, and even business interests. Once the trust is funded, it becomes a separate legal entity.

The person who creates the trust, the trustor, decides the terms of the trust, including how and when the assets will be distributed to the beneficiaries. The trustor also appoints the trustee, who is responsible for managing the trust according to the terms specified by the trustor. This can involve investing assets, managing real estate, or distributing assets to beneficiaries.

Beneficiaries of the trust are the individuals or entities that will receive the assets in the trust. They can be family members, friends, charities, or other organizations. The trustor can specify different types of beneficiaries and dictate the terms under which the beneficiaries receive distributions from the trust. For instance, the trustor can specify that beneficiaries receive payments from the trust at certain ages or milestones or even for specific purposes such as education or health care.

Types of Trusts

Trusts can be created for different purposes and needs. They can also be revocable or irrevocable. A revocable trust, also known as a living trust, allows the trustor to amend, modify, or revoke the trust during their lifetime. An irrevocable trust, once established, generally cannot be changed or revoked without the beneficiaries’ consent.

Common examples of trusts include:

• Revocable Living Trust: This trust allows you to manage your assets during your lifetime and distribute the remaining assets after your death. It can be amended or revoked at any time during your life.
• Irrevocable Life Insurance Trust (ILIT): This kind of trust is designed to exclude life insurance proceeds from your taxable estate while providing liquidity to your estate and beneficiaries.
• Charitable Remainder Trust (CRT): In this trust, the donor receives income from the trust for a certain period, after which the remaining assets go to a charity of the donor's choice. 
• Special Needs Trust: Provides for the needs of disabled individuals without disqualifying them from government benefits such as Medicaid or Supplemental Security Income.
• Qualified Personal Residence Trust (QPRT): This allows you to transfer your primary residence or vacation home to an irrevocable trust while retaining the right to live in it for a period of time.
• Generation-Skipping Trust (GST): This trust allows for the transfer of a substantial amount of money tax-free to beneficiaries at least two generations younger than the grantor.

Benefits of Creating a Trust

Trusts have many benefits, including: 

• Probate avoidance: Trusts can help avoid the lengthy and potentially expensive probate process, saving time and money.
• Control over asset distribution: Trusts provide greater control over when and how your assets are distributed and can even provide for the management of assets should you become incapacitated.
• Potential tax advantages: Trusts can be structured to minimize estate taxes, which is particularly beneficial for larger estates.
• Privacy protection: Trusts offer more privacy than a will as they are not part of the public record. 
• Asset protection: Creating a trust can also help protect your assets from creditors and legal judgments. 
• Flexibility: Trusts can be tailored to meet specific needs and objectives, making them highly versatile tools in estate planning.

Proven Legal Counsel at Smith Dollar

Our firm has helped countless Californians throughout the North Bay region create comprehensive trusts and legally valid wills customized to their needs and circumstances. We can help you navigate the complexities of will and trust creation to ensure your assets are well-protected and your wishes are fulfilled, giving you and your family security and peace of mind. 

Use our convenient contact form or call (707) 405-7391 to book your complimentary consultation with a Santa Rosa will and trust lawyer today.