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Trusts and Estate Planning

Elderly Mother and DaughterA trust is a legal document that can, in some cases, partially substitute for a will. With a revocable living trust (also known as a revocable inter vivos trust or grantor trust), your assets are put into the trust, administered for your benefit during your lifetime and transferred to your beneficiaries when you die, all without the need for court involvement. A properly crafted trust avoids probate for the assets it holds during your lifetime.

Most people name themselves as the trustee in charge of managing their living trust’s assets. By naming yourself as trustee, you can remain in complete control of the assets during your lifetime. In addition, you can revoke or change any terms of the trust at any time as long as you are still living and competent. The terms of the trust then become irrevocable when you die, and the property in the trust passes to the beneficiaries without going through probate.

In your trust agreement, you will also name a successor trustee (which may be a person or institution) who will take over as the trustee and manage the trust’s assets if you should ever become unable to do so. Your successor trustee would also take over the management and distribution of your assets when you die.

FamilyA living trust does not remove all need for a will. Generally, you would still need a will known as a pourover will to cover any assets that have not been transferred to the trust.

You should consult with a qualified estate planning lawyer to assist you in the preparation of a living trust, your will and other estate planning documents. Also, keep in mind that your choice of trustees is extremely important. Usually, that trustee’s management of your living trust assets will not be subject to direct court supervision.

There are many types of trust, and Mr. Cooper will help you choose the right kind of trust for you and your family:

  • Revocable Living Trusts
  • Married A-B Trusts and QTIP or QDOT Trusts
  • Special Needs Trusts for Disabled Beneficiaries
  • Generation-Skipping Trusts
  • Personal Residence Trusts
  • Charitable Gift Trusts
  • Life Insurance Trusts
  • Honorary Trusts (for the care of your pet)

In conjunction with other documents, the trust makes your wishes known, protects your estate from over-taxation and government interference, and provides for your needs and the needs of your family. Since there may be changes in your life, these documents are flexible enough to accommodate new circumstances, such as having children, divorcing, remarrying, retiring, and so on. After your estate plan is complete, Mr. Cooper will work with you as time passes. He understands the value of establishing trustworthy, long-term relationships with his clients.

Call Mr. Cooper’s law office today, at 530-877-1383, or toll free at 888-838-5093, or complete the contact form on this website. He or his staff will contact you to set up a free initial consultation. The office location is at 9001 Skyway, Paradise, CA 95969

Mr. Cooper is available to work with estate planning, probate, trust administration, business, and elder law clients throughout Northern California, including Chico, Oroville, Paradise, Magalia, or anywhere in Butte County, Glenn County, Plumas County, Tehama County, Shasta County, Trinity County, Lassen County, Siskiyou County, Modoc County, Del Norte County, Humboldt County, Sierra County, Nevada County, Placer County, El Dorado County, Yuba County, Sutter County, Colusa County, Lake County, Mendocino County, and all of Upstate California.

Michael W. 

Cooper, Attorney at Law
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May 2012
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