Why Having An Up-to-date Living Trust Is So Important
A living trust is essential for nearly every Californian with more than $25,000 in real estate or $100,000 in other assets.
That’s because, unlike a simple will, your living trust can protect you if you become too ill to manage your financial affairs. It can also save your loved ones from the expensive hassle of a probate after you die. If you’re married, your trust could be the key to making sure your spouse and your children don’t have to pay unnecessary taxes. Plus, the right kind of living trust can even protect the inheritance you leave to your loved ones from lawsuits, divorces, and other predators.
Unfortunately, many living trusts fail when they are tested by death or disability.
Primarily, this is because the public has been badly misled into thinking that one trust is just like another and that one lawyer is just like another.
Nothing could be further from the truth.
We know a Lexus is built better than a Yugo. It’s the same with a living trust. One that really protects your family is designed better than the one you could get from an online service, software, or your average, high-volume, document-selling lawyer.
Plus, just like that Lexus, your living trust must be properly operated and maintained for it to work when it’s needed. Think about it… can you buy a car, park it in your garage for 10 years, and then expect it to work correctly in an emergency? Of course not!
In the same way, a trust must be “serviced” so it stays up-to-date with the latest laws and planning techniques. The many rules and regulations that affect a living trust have changed dramatically in the last 10 years. Most trusts haven’t kept up.
And don’t forget that your family circumstances — financial and otherwise — are likely to change over time. Your trust must reflect life as it really is at the time you’ve got to rely on it.
Also, just like a car, your trust must be properly “fueled” to run. In other words, you’ve got to have the right assets properly titled in the name of your trust. Otherwise, the trust isn’t worth the paper on which it’s printed.
Fortunately, our clients’ estate plans do work when they’re needed. That’s because we customize each plan with the particular client’s circumstances in mind, keep in touch with them long after their documents are signed, don’t charge when they call us with questions about their living trusts, and have a system for making sure the right assets (the “fuel”) get in their trusts.
Our clients depend on us to be there for their loved ones when they get sick or pass away. That’s real peace of mind for them, and it’s great joy for us.
Having a living trust that actually protects you and the ones you love is the whole point. If it doesn’t do the job well, or if it’s a huge hassle, what message does that communicate to your loved ones? What does it say about your lawyer?
If you’d like to establish a living trust that really protects you and those you love, or if you’d like us to review an old trust to see if it needs updating, please contact us at 916.273.9040 or click here to see if we’d be a good fit for your needs. You and your family are worth doing it right!
