Why a Trust?

Why A Living Trust?

Preserve and Maximize Assets

?       By minimizing taxes during your life (income taxes, capital gains taxes, estate taxes on inheritances you expect to receive)
?       By minimizing or eliminating estate taxes upon your death (up to 55% of your assets and life insurance benefits)
?       By reducing estate administration costs through probate avoidance
?       Avoid or limit MediCal claims on your assets should you require long-term care
?       Ensure that a special needs beneficiary has assets that are protected from government seizure while retaining eligibility for needed services
?       Ensure that your family has enough life insurance to provide a comfortable lifestyle no matter what
?       By ensuring that your assets are passed to your descendants and not given away to outsiders, such as spouses, creditors or the government  

Protect Yourself and Your Spouse

? From malpractice or other creditor claims
? From conservatorship proceedings (aka “living probate”) if you or your partner become incapacitated
? From probate delays and stress upon your death or the death of your partner
? From hospital policies requiring life sustaining procedures when you would rather not endure them
? From healthcare decisions made by people other than those you trust most

Protect Your Children or other Beneficiaries

? From predators who can discover inheritance amounts and target young or vulnerable beneficiaries
? From claims of divorced spouses to take half of your child or beneficiary’s inheritance
? From malpractice claims, for beneficiaries in the professions
? From other creditors’ claims (such as car accident plaintiffs)
? From the stress and delays of the average 16-month process of probate
? From the financial immaturity resulting in a quick loss of an inheritance
? From sharing assets with heirs you would rather disinherit
? From litigation claims by disinherited heirs
? For parents only: from relatives who would be poor, abusive or even dangerous guardians or from foster care
? For parents only: from acquaintances and relatives who should not be allowed to be alone with your children 
? For special needs beneficiary only: from neglect in the government care system

Achieve your Dreams

? Have clarity about your life purpose, goals and dreams
? Benefit a charitable organization or activity
? Support a common family goal through coordinated planning
? For parents only: By providing guidelines for how your children should be supported while their assets are in trust.
? For special needs beneficiaries only: By providing instructions, people, and assets to support your special needs beneficiaries above a poverty lifestyle
? For business owners only: By providing for the orderly continuation and transfer of family business interests rather than a distress sale

Protecting Childrens

Did you know that if something happens to you (incapacity or death) and you have not appointed guardians for your minor children, they will usually be sent to child services? The courts will then decide legal guardians for your minor children. If you do not want an unwanted abusive relatives or a stranger to be your minor children’s guardian and misuse your assets, we strongly recommend our Legally Protected Children’s package.

Our advanced trust package includes the legally protected children package. Not only does our advanced trust package include documents appointing permanent guardians for your minor children, it also includes documents appointing temporary guardians so that your children will not be sent to child services during your incapacity or unavailability. 
If you have a trust and/or a will without provisions appointing guardians for your children, we can help.  

Note: Wills only appoint permanent guardians, not temporary ones. Even with a will your children are vulnerable during your incapacity.  

Legally Protected Children package includes the following documents: 
1) Appointment of Temporary Legal Guardians  
2) Appointment of Permanent Legal Guardians  
3) Medical Health Care Power of Appointment for the Minor Child  
4) HIPAA document  
5) Instructions to Permanent Legal Guardians  
6) Instructions to Baby Sitters  
7) Emergency Family Cards