Estate
Planning: Wills, Trusts, Living Trusts
California Estate Planning Lawyers,
Stockton, CA
See
our detailed Estate Planning FAQ
Estate Planning lawyers
at The Rishwain Law Firm can assist you with all of your Estate Planning needs. Our California
Estate Planning lawyers have decades of experience with Wills, Trusts, and more. If you are looking for an Estate Planning lawyer, please
call The Rishwain Law Firm and ask to speak to our experienced Estate Planning lawyers.
Revocable Living Trusts have become a popular estate planning vehicle over
the last few decades, and for good reason. There is also a considerable amount
of confusion and lack of understanding concerning the differences between a traditional
Will and a Revocable Living Trust. The advantages of a Revocable Living Trust
over a Will are significant. Some of the advantages include:
1. A Will must go through the Probate Court process. A Revocable Living Trust
does not.
2. The Probate process is an expensive process which includes Executor fees,
Attorney Fees, Court costs, and possibly Extraordinary Fees. The fees and costs
of a Revocable Living Trust are minimal in comparison to a Will and the Probate
Court process.
3. The Probate Court process takes time to be completed. Even relatively simple
estates can take well in excess of one year to complete, and usually more. A
Revocable Living Trust usually takes approximately four to five months to complete
following death.
4. A Will is a public document that is filed with the Court. It can be viewed
by anyone. A Revocable Living Trust is a private document that can only be viewed
by the named beneficiaries.
5. The Probate Court fees
are calculated on the “gross amount of the
estate.” Therefore, if you own a home worth $300,000 and you owe $200,000
on the home, the probate fees on the home are calculated on $300,000, not on
the equity of $100,000. The probate fees (excluding costs) on a $300,000 estate
are $9,000. The probate fees on a gross estate worth $1,000,000 are $23,000.
6. A Revocable Living Trust can minimize or avoid completely any Estate Taxes
due within nine months of the date of death in many instances that a traditional
Will cannot avoid.
See
our detailed Estate Planning FAQ
The Rishwain Law Firm Estate
Planning lawyers in Stockton, California (San Joaquin County) serve all of Northern California including: Stockton, San Joaquin County, Modesto, Bakersfield, Fresno, Alameda, Contra Costa County, Fremont, Hayward, Oakland, Sacramento, San Francisco, San Jose,
Santa Clara, Stanislaus County, Walnut Creek and many other communities. We have
over 60 years experience in providing trustworthy, ethical representation to
our clients.
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