The transfer is accomplished by a trust outside probate or by a will through the probate court. In cases where disputes arise, or challenges to the transfer of assets emerge, I stand ready to provide robust litigation support to protect the interests of my clients.

My legal career began in 2002. I hold a bachelor’s degree from the University of Colorado and a juris doctor from Loyola Law School in Los Angeles.

A trust is better than a will

Wills

A will identify who will receive your assets upon death. You nominate a person to act on your behalf to distribute your assets. This person is called an executor. The executor transfers your assets through a legal process called probate.

Probate

Probate is the transfer of assets from a person who has died to that person’s heirs under the supervision and protection of the Superior Court of California. Probate begins with filing a Petition to appoint a decedent’s personal representative and ends with a second petition to distribute all estate assets. The process takes one to two years.

Trusts

A living trust isn’t just about preparing for the inevitable; it’s about taking control of your future and ensuring your wishes are honored and your loved ones are provided for.

There are four advantages a trust has over a will.

• A trust avoids probate court.
• A trust organizes your assets for greater control while living and on the transfer to heirs due to death.
• Trusts provide flexibility. You tailor the distribution of your assets to fit the needs and circumstances of your heirs.
•  A living trust may reduce estate and capital gains taxes.

Funding a trust

You transfer assets into your trust while you are still alive. This transfer is referred to as funding the trust. Funding is the title change from you as an individual owner to you as trustee of your trust. Three must-dos to fund.

Transfer real property into your trust by deed. I take care of this for the property you currently own.

Take your certificate of trust to your bank and stock broker to transfer your bank accounts and non-retirement stock accounts into your trust.

Confirm designated beneficiaries of your life insurance policies, 401ks, and IRAs.

Funding is the important difference between a trust and will.  An unfunded trust acts as a will, and assets are transferred through probate court.