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FAQs

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Probate is a court system that exists to establish clear title to the ownership of your assets after you die. Approximately 10 to 30% of what you own will go to the pockets of attorneys and not your family if you go through probate. Lawyers love probate.

What happens if I die without a Will or a Living Trust?

 If you die intestate (without a will), California laws of descent and distribution will determine who receives your property. That plan almost never reflects your actual wishes. Some of the built-in protections you want to keep your family members happy with each other may be omitted. Either a will or Living Trust allows you to alter California’ s default plan to suit your personal preferences.

 Ever hear of the expression a ounce of prevention is worth a pound of cure? It was never more true than with probate. With a LT your costs are the set up costs and the time retitling assets and keeping it up to date...something which you can do on your own.

“The living trust is the finest gift a husband can give his wife.”

Reader’s Digest, Max. B. Lewis

 
“In most estates, the only justification for not having a [living] trust is because the attorney will not get his probate fee.”

LA Times, William Seligman.

20 % of people that die are less than 60 years old.
 

Your estate is the combination of all of your assets after you die. On the left is what happens to your Estate when you avoid probate and on the right what happens to your Estate if you go through probate. 

Probate Lawyers do not want you to know this because they only make money if you are careless and go to probate but you can avoid probate. That’s right. Your family does not have to wait a year for your assets and they can keep all of it instead of giving 10 to 30% away to lawyers.
  1. CPAs will tell you if your estate is less than $600,000 you probably do not need a Living Trust. From a federal estate tax perspective they are right. CPAs are often wrong on the probate process. Why?
  2. Estate taxes are calculated on the net estate; whereas, probate fees are calculated on the gross estate. Avoiding probate through the use of a Living Trust does not eliminate any Estate Taxes due. Not having any Estate taxes doe not prevent you from going to probate. They are 2 separate things.
 
 
     
 
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