Have your plan in place

DON’T BE CAUGHT UNPREPARED

What’s in a trust?

A trust is a legal document that comes into effect after you pass away. It allows an individual you’ve chosen (the trustee), to hold and manage property for you (the beneficiary). You are the creator of the trust (the grantor) and can place any type of property or assets in the trust.

WHAT DO I PUT IN MY TRUST?

The trust can include numerous items including tax-minimization provisions, important protective measures for loved ones, and planning for future generations just to name a few. It can basically include any arrangements that you see fit. The ball is in your court!

Most commonly, a trust is revocable or irrevocable. Revocable trusts are the most ordinary, as they can be altered or changed at any time. Irrevocable trusts cannot be altered or revoked, so they are usually only used for particular situations, such as to lessen estate tax liabilities.
A trust can provide you and your family with many benefits. If you do not have a trust, your loved ones will end up in probate. Probate is costly, time-consuming, and will likely cause a lot of grief. A trust will most likely guarantee that your loved ones will avoid the probate process altogether.
In addition, placing your assets in a trust allows the trustee to distribute your assets almost immediately after your passing.

Ten reasons to have a trust in place:

  • Without a trust, the state of California gets to make the critical decisions about where your hard-earned assets go after your passing.

    This process can be time-consuming, expensive, and even contentious for your loved ones.

  • With a trust, you can be sure that someone (preferably an animal lover) takes care of your pet(s) after you die. Your trust can contain a beneficiary for your pet, leaving them to a family member or loved one.

    You can ask that person to act as a caretaker or guardian for your pet, and you can even leave funds to them to provide for your pet’s care.

  • If you have minor children, it is necessary to choose a guardian for your children if you die. This is one of the most important reasons to have a trust.

    Commonly, if one parent dies, the surviving parent will get sole legal custody. If both parents die, The guardian you chose will take over the care of your children.

    The chosen guardian will be responsible for your children’s daily needs, including food, housing, health care, education, and clothing.

    If you don’t legally decide on a guardian, a court will have to choose one for you at the time of your death. This means that someone you may not have chosen will be raising your kids.

  • Writing funeral instructions in your trust can lessen the burden on your loved ones after you die. These instructions aren’t legally binding, but they can give your executors and loved ones some guidance on your wishes.


    When you include instructions (such as service suggestions, location, resting place, etc.), you are able to name a funeral executor who will manage the process.

  • When you write a trust, you are able to preserve your legacy by giving a part of your estate to a charitable organization.

    Many people desire to leave a positive impact on the world after they die. A great way to do this is to support the charities or causes you appreciate most.

  • There’s a good reason to have a trust if your family has complicated dynamics. If you die without a trust in place, your loved ones will have to guess what your final wishes were. Chances are, they won’t always agree.

    This uncertainty can create hostility, and even fights, which sometimes last a lifetime. Having a trust in place solves the problem by eliminating the guesswork.

  • Many people struggle to gather and gain access to their loved one’s online account information after they’ve died. This can be extremely challenging, as you can imagine. One’s digital assets might include online accounts, such as Facebook, Instagram, email, digital files, or property (photos, videos, domain names, etc).

    When you create a trust, you can name a digital executor to manage these assets after you die. You will include information on how you want these accounts handled (e.g. if you’d like an account closed).

  • Having a trust in place lets you decide who will get your property after you die. As the testator, you choose people as beneficiaries for specific assets. After you die, the executor who handles your trust is in charge of distributing these assets.

    Most people are unaware that they can also use a trust to help ensure that some people don’t receive anything after they die. For example, you may want to prevent an ex-spouse from receiving an inheritance. Or, if one of your children received financial support through college, you may want to make sure a second child gets their fair share, also.

  • Many people hold off on creating a trust because they assume their loved ones will automatically get their assets after they die. This isn’t always true.

    When you create a trust, you are looking after your loved ones and giving them a simple map to follow after you die.

    This offers you peace of mind, which is one of the most important reasons to have a will in place.

  • Your “executor” is the person who will be in charge of wrapping up all your affairs after you die. This may include anything from closing your bank accounts to distributing your assets.

    It is crucial that you choose someone you trust. If you die without a trust in place, the court will assign you an executor and it may end up being someone you wouldn’t have chosen.

California became the first state to allow living wills in September 1976

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