Wills and Trust
Wills & Trust
Are you interested in crafting a legally binding last will or creating a living trust to protect your assets? Do you need to have a living will drafted to protect your end-of-life rights? At BPE Law, we provide a wide range of estate-related services. It is our mission to offer each of our clients efficient and cost-effective service.
Protecting Your Estate with Wills and Trusts
Wills and trusts are legal documents designed to guarantee that your assets are distributed according to your wishes after you have passed away. These documents help your loved ones avoid probate, a lengthy court process in which an executor and a judge decide how your assets will be distributed. Having a will or trust drafted now can give you peace of mind and can save your family from the heartache of arguing over what you would have liked done with your estate.
Some will-related documents are also used to ensure that you are well cared for should you become incapacitated or otherwise unable to care for yourself. Choosing a trusted loved one to handle important legal and medical duties for you is a wonderful way to protect yourself. After all, you can’t trust just anyone to make important financial and medical decisions on your behalf.
Working with A Lawyer to Craft Wills and Trusts
Wills and trusts are complex legal documents. It’s important that you work with a qualified lawyer to draft these documents so that you can rest assured that they are legally binding and will be honored by the courts. The estate law team at BPE Law has the experience needed to draft any will or trust document you require. Your attorney will explain how wills and trusts work and will help you pick the best option given your situation.
Understanding Your Will and Trust Options
In most states, individuals can choose from a variety of will and trust types when working to secure their estates. The type of document you choose will affect how your assets are distributed and when the document can be enforced by an executor and the courts. Your attorney will help you select the type of will or trust that is most suited to your situation.
When you create a living trust, you give the deeds to your property and assets to another individual while you are still alive. This individual is called a trustee and is responsible for overseeing your financial affairs, paying the bills of the estate and managing all the property that you own. In some cases, you may act as your own trustee until you are no longer able to do so. Your BPE Law attorney can help you make a revocable living trust, which is a trust that you can change or cancel at any time so long as you are in a sound mental state.
The term last will simply refers to a will that you draft while you are still living. Unlike a trust, a last will does not allow you to give control of your finances and assets to another individual while you are still alive. Instead, a will is a document that will be executed, or used, after you have passed away. Your attorney and an executor of your choice will ensure that your assets are distributed as you desired. They will also follow specific instructions for interment, cremation or memorial services.
Living Wills/Advanced Health Care Directive
A living will, typically called an Advanced Health Care Directive in California, is a special document that gives guidance to medical professionals as to what should be done if you are facing a severe medical crisis and will need substantial surgery or life support in order to stay alive. Some individuals refer to this document as an advanced care directive. As part of your living will, you may appoint someone to make medical decisions on your behalf should you become incapacitated.
Choosing An Executor or Trustee
One of the most important tasks you will complete when crafting a will or trust with your BPE Law attorney is choosing the trustee or executor who will be responsible for distributing your assets. Your attorney will discuss the qualities of a good trustee or executor with you before you make a final decision. However, it is a good idea to have someone in mind before you visit your attorney.
If you are interested in learning more about wills and trusts or would like to create a document to guard your estate, please call us today at 916-966-2260.