San Jose Trust & Estate Attorneys
Each of us works hard to accumulate wealth, and has intentions for how it should be passed on to our loved ones after our death. It’s also likely we have strong ideas about who should handle our care if we become incapacitated. Wills and trusts are the means of legally enforcing these desires. Our San Jose probate and estate planning attorneys can provide comprehensive guidance through the process of creating a tailored estate plan, aimed at ensuring your plans are executed as you intend.
Wills & Trusts in San Jose
Planning one's estate starts with creating a last will and testament, where we designate beneficiaries for our assets and address the guardianship of minor children. A failure to create a will would trigger California's fixed method for asset distribution, and guardianship would be determined by the courts. The results may deviate significantly from what our wishes would have been.
Estate planning can include power of attorney arrangements, which designate an individual we trust to oversee vital medical decisions and finances, should we become incapable of managing them.
The Benefits of Establishing a Trust
Establishing a trust takes estate planning to the next level and offers several advantages. Clients can choose from different trust structures, which can be personalized based on their needs. These advantages include:
• Providing customization for asset distribution in accordance with the client's wishes. For example, a client may want to spread out the inheritance over time, withholding it all at once from their heirs. Concerns over tax issues or an adult child's financial management abilities are two instances where inheritance is regulated over time. The inheritance may also be given out at social milestones, such as completing college or getting married. Our San Jose probate and estate planning attorney can help design personalized trusts for clients.
• Transferring inheritances to a trust safeguards heirs against potential liability. Assets in a trust don't belong to an individual, but rather to the trust itself. So, when an heir goes through a divorce, assets in the trust don't count as the property that must be divided. Also, trust assets can't be accessed by creditors, thereby fending off financial risks.
• What if an heir is an adult with disabilities who qualifies for government assistance? A trust could be structured in a manner that allows the heir to receive the inheritance over time. This avoids disqualifying them from government programs that have stringent income restrictions.
The grantor themselves can benefit from a trust while still alive. Trusts provide protection from liabilities and offer prospective tax breaks. Depending on the circumstances, our San Jose probate and estate planning lawyer can recommend a sound approach for selecting and designing a trust.
Huber Fox is our family attorney. Jonathan is honest and always has his client's best interests when making decisions.- Laurie G.
Jonathan Huber provided expert legal advice, in a timely fashion and guided us through the entire process with genuine concern and attention to detail. We’d highly recommend his services.- K. Hernandez
Jonathan Huber and his staff demonstrated the highest standards of professionalism with attention to detail and consistently prompt turnaround.- Chris S.
On behalf of my late son and myself, I want to thank you all for your help & kindness during this terrible time.- Former Client
Jonathan Huber and his staff made it easy to get our trust set up through his office.- Sunny O.
Huber Fox, P.C. was very helpful in going through the probate court process- Former Client
I will always recommend Huber for any future family trusts and wills etc.- Amber H.
Jonathan Huber and Benjamin Fox spent many exhausting hours on my case. They were thorough, meticulous, honest, and reassuring, and the result was… my case won! These men are like family to me now, I can call anytime!- Former Client
Trust & Probate Administration
Assigning an individual to handle the probate process or the administration of a trust is an important aspect of estate planning. Basic probate procedures involve detailed legal requirements. Trust management can also require intricate financial and legal considerations.
Moreover, the administrator shoulders fiduciary duties and is at risk of legal action if the heirs feel the deceased's wishes are not respected.
Huber Fox's comprehensive knowledge of estate planning allows us to guide clients through the administrative procedure, lessening the weight on the grieving family.