Walnut Creek Trust & Estate Attorneys

We all dedicate ourselves to building up our wealth and have ideas for how that should be shared with those we love after death. We all have ideas for who should handle our care in the event of incapacitation. Wills and trusts serve as the primary mechanisms for legally enforcing those wishes. Our knowledgeable Walnut Creek probate and estate planning attorneys can guide you through the process of creating a comprehensive estate plan, and ensure your plans are executed.

Contact Huber Fox at (925) 230-0926 or reach out here online today to set up an initial consultation.

Wills & Trusts in Walnut Creek

A last will and testament is the fundamental aspect of estate planning. It allows us to not only choose the beneficiaries of our assets, but also determine the guardianship of minor children. Without a will in place, California's rigid formula for asset distribution will be applied, and guardianship determinations will be made by the courts. This may result in a scenario that vastly differs from our preferences.

Effective estate planning also incorporates power of attorney arrangements. Though contemplating physical or mental incapacitation is difficult, it's important to identify who will hold responsibility for medical decisions that may be life-and-death, and financial management, when we become unable to make these decisions for ourselves. Power of attorney is the solution that bestows authorization to a trusted individual for such matters.

The Benefits of Having a Trust

Establishing a trust takes estate planning to a new level, and offers various benefits. Different trust structures can be customized to cater to different client needs, including:

• Asset distribution customization, done according to the client's wishes. For instance, a client may not wish to have their heirs receive all the inheritance at once. Tax issues or concerns about an adult child's financial management abilities are just two examples of reasons to spread out the inheritance over time. There may also be a desire for the inheritance, or at least portions of it, to be received at important life intersections, such as finishing college or getting married. Our Walnut Creek probate and estate planning attorney can help clients design personalized trust arrangements.

• Transferring inheritances to a trust safeguards heirs against potential liability. Assets in a trust don't belong to a person, but rather to the trust itself. Therefore, if an heir goes through a divorce, trust assets are not part of the property that must be divided. Trust assets also can't be accessed by creditors, thus warding off financial risks.

• What if an heir is an adult with disabilities who qualifies for government assistance? A trust can be structured to allow the heir to receive an inheritance over time, to avoid disqualifying them for government programs that have income restrictions.

The benefits of a trust extend beyond the heirs. The grantor can also partake in these benefits while still alive. Trusts can protect the grantor from liability and offer tax advantages. Depending on the client's specific situation, our Walnut Creek probate and estate planning lawyer can provide guidance on selecting the most appropriate approach.