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Knowing The Difference


Both wills and trusts have advantages and disadvantages, and ultimately accomplish different goals. It is important to fully understand the difference between the two to determine which option is right for you and your family. Our Southern California estate planning attorneys can discuss your unique needs and help you find the best solution.

Wills can either be simple or comprehensive documents, depending on your estate and your wishes for handling it. These documents are written to ensure that, after death, various aspects of handling your estate will be executed according to your wishes. A trust also establishes your wishes for your estate; however, it goes into effect as soon as you create it, and the terms apply while you are still alive.

Contesting a Will

Most of the time a will goes through probate without a problem. However, if a person feels the will was written incorrectly or that it is not valid, that person can contest the will. When you find yourself in a situation where a will is being contested, you need an expert behind you to guard your interests and make sure you receive the inheritance you are due. Whether you have been wrongfully excluded from a will or you need to defend against someone else’s baseless claims, the key is to be well represented.

 

Trusts

There are a variety of trust solutions available to fit your needs and provide for your loved ones into the future. Trusts fall into two categories: living trusts and testamentary trusts. A living trust is established during your life. A testamentary trust is created in your will and is established during probate, after your death.

We can advise you on your trust options and draft any type of living or testamentary trust, including:

  • Irrevocable and revocable trusts
  • Special needs trusts for children and loved ones who need long-term care and support
  •   Legacy trusts for protection of wealth over multiple generations
  • Trusts to protect assets from estate taxes and gift taxes
  • Trusts to protect assets from creditors
  • Life insurance trusts

 

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