You have a significant amount of property, assets, or money in San Diego that you have accumulated over a lifetime. However, the estate must be distributed amongst your beneficiaries in a just manner. The thought of your assets running into legal complications is unnerving. To avoid that, you create a trust, giving the trustee the right to hold your investments on a beneficiary’s behalf. But managing a trust can be challenging, mainly if it is significant and complex. That is why having a trust attorney San Diego can be extremely helpful since they will acquaint the trustee with their power, ensure the trust is registered, and look after other legal aspects of it. But what are some things that you should check before hiring an attorney?
What Types of Trust Can They Handle?
Even though trust is a legal agreement, you can create different ones, depending on your requirements and preferences. Some of California’s most popular trusts are testamentary, living, revocable, irrevocable, asset protection, special needs, and charitable trusts. Any lawyer you choose should know each of these, how they function, and the documents required for them. Living trusts are popular among San Diego and California residents because it helps them avoid the probate process, including those with smaller estates whose total value is below 150,000 USD$.
How Much Do They Know about Irrevocable Trusts?
An irrevocable trust is any trust that you cannot change after being created and permanent. It gives the settler or the grantor the power to lower the tax rates on their estates. The California Probate Code 16060 protects the beneficiary rights on irrevocable trusts by making it mandatory for the trustee to keep them reasonably informed of them and their administration. If they fail to do that, the beneficiary has the right to file a probate court petition to reclaim his or her rights. In San Diego, an irrevocable trust does not have to be recorded unless it holds titles on the property.
Do They Know about Trust Modification?
In some cases, however, you can modify the trust under sections 15403 to 15414 of the California Probate Code. The process is much easier if the beneficiaries and the trustor agree to a specific change. As your attorney will know, having a trust of this type comes with several advantages, including medical planning, gifting strategies, and protection from creditors.
Can They Acquaint You with the Legal Requirements?
Before you hire a trust attorney based in San Diego, ask them about the legal requirements of the trust, which is essential because you will not be qualified to create a trust unless you fulfill them. For instance, the California Probate Code (which applies to the County of San Diego) Section 15200 states that an owner can create trust only after a declaration establishing their property ownership. There should also be a provision to transfer property to another person as a trustee during the trustor’s lifetime. No trust can last indefinitely in California. The law states that it must terminate 21 years after the trustor’s death, or there is a provision of its termination of 90 years after it has been created.
It would be helpful for you if you asked a trust attorney in San Diego these questions before deciding to hire them. Creating trust and legally managing all these is a serious business, and things can get complicated quickly unless executed by the legal experts.