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San Jose, California Estate Planning and Trust Services

If you are looking for estate planning in San Jose California, it is important to understand the difference between a will and a trust.

A will is often created by an individual with assets who has no children or other dependents. It's not unusual for people to forget about their wills when they pass away.

Trusts can be used as supplemental trusts, where property from one person's estate goes into the trust before going on to another beneficiary.

This blog post talks about why a living trust might be a better option than a will in some cases and how probate court fees can add up quickly if you don't plan ahead.

1. What is the difference between a will and a trust?

Wills and trusts are different types of estate planning tools.

A will is a paper that describes how you want your property to be distributed after death.

A trust, on the other hand, may describe how you would like for your property to be managed as well as who will manage it (the trustee) during your lifetime and/or at your incapacity.

The main difference between wills vs. trusts boils down to two things: control and taxes . With a will under California law , there's no guarantee that you'll have any say over who gets what when you die; this depends entirely upon whether or not someone challenges the document in court--and if they do challenge it, then only those provisions which pass muster with judges can actually be enforced.

With a trust, on the other hand , you can give your trustee (the person who manages the assets) broad discretion to distribute assets as they see fit; if someone challenges this distribution in court under California law, then only those provisions which pass muster with judges can actually be enforced.

As for taxes? This is an area where wills and trusts are equally good--neither one helps lower federal estate tax liability . If you want to use either of these instruments to minimize death probate fees , it's important that you look at state-level issues, not just federal ones. With both Wills vs Trusts there will be state estates filing fee requirements that must be met regardless of whether or not your Will covers them naturally.

With a Trust, the assets go directly to your beneficiaries without going through probate court. If you have a Will and pass away in San Jose California, then all of your property will be distributed according to what is written in your Will - whether or not it's different from what you would want based on discussions with family members- unless there are circumstances which prevent this (i.e., no one can locate any of your relatives). With Wills vs Trusts , if someone contests the validity of your Will (for whatever reason), they could tie up both the property and its distribution for months or even years while litigation ensues; obviously, these types of proceedings take money--and lots of it! The court may refuse to hear evidence.

2. Living trusts are better than wills in some cases.

The main reason that living trusts are superior to wills is that the trust provides more flexible control over property distribution. A person can also change or revoke a trust at any point, unlike a will where the document must be updated by way of another will (which typically carries an attorney fee). This flexibility can be very helpful when unforeseen events arise or if you simply want to make changes for your family's benefit.

3. How probate court fees can be expensive if you don't plan ahead.

Probate court fees can be expensive if you don't have a will or trust, the cost of probating an estate without these documents is usually more than $1500 in San Jose California. The reason being that some heirs may challenge distribution and require time from the courts to resolve which requires attorneys and judges etc. Having a living trust or will prevents this issue as it clearly states how you want your property distributed with little room for debate by family members who might have their own agenda on what they feel you would want.

4. The best lawyer to choose for estate planning and living trusts in San Jose, CA.

The best lawyer to choose for estate planning and living trusts in San Jose, CA. is an experienced Estate Planning Lawyer who has experience with the local county laws of probate court fees, trust law etc., it's important that your attorney knows how to navigate these issues so they don't turn into problems down the road!

5. Why taxes and probate can be costly for estate plans in San Jose California.

Probate court fees and taxes can be quite expensive for estate plans in San Jose California. If you have a living trust or will it is important to choose an experienced attorney who knows how to minimize these issues so your property isn't tied up indefinitely with probate.

If you want to create an estate plan in San Jose California these are your next steps.

1. The first step is to choose a lawyer. You should talk with a qualified attorney and find someone who specializes in estate planning, not just wills or trusts but both!

Our law firm focuses on four areas including real estate law, bankruptcy, business litigation and estate planning like living trusts.

Find out more here

2. The next step is to sit down with your attorney and determine how you want to divide up everything.

You can create a living trust as well as a will, instead of just one or the other. It's important that these decisions are made together because they impact each other greatly.

Read more here

3. In San Jose California taxes on estates can be very high even if there isn't much estate at all! This makes knowing about probate fees in San Jose CA really important for those who need an estate plan right away.

Funding your living trust through your will can help you avoid these fees and taxes. For this reason, we recommend a living trust as the best option for estate planning in San Jose CA.

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4. If someone dies without an estate plan of any kind executed they are said to have died "intestate". This means that there is no last will or testament to provide guidance on how their property should be distributed.

This process must go through what is called “probate” which is basically just a legal proceeding where all assets are collected, debts are paid off and then everything left over gets divided up between beneficiaries according to state law.

First step is fill out our estate assessment calculator and attend your free estate planning consultation.

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