Living trusts are an important estate planning tool for individuals, married couples, domestic partners, couples who choose not to get married, and those couples who cannot legally marry. A living trust is a written legal document that is created to hold and manage your assets during life and then distribute those assets to your designated beneficiaries upon your death.
A Living Trust avoids probate, saves you money, provides privacy.
A WILL does NOT necessarily prevent Probate. With a Living Trust, you can:
- Save your loved ones thousands of dollars paid to probate and tax attorneys, and CPAs
- Save time and distribute the assets to family members and friends as soon as possible
- Distribute cash to family members to assist with college and other monetary needs
- Decide who will inherit your assets
- Appoint who will take care of your minor children
Have a Trust already?
Another important factor to consider is if any of the below events occurred within the last year. It’s highly recommended to have your Trust reviewed annually. In this way you are guaranteeing that all your assets are included and protected through the generations.
- Got married or divorced?
- Had a child or grandchildren?
- Purchased or sold property?
- Started or sold a business?
Real Estate Documents
Filing Real Estate documents can be complex in nature. Let’s say you want to refinance your property or or you want to transfer a percentage interest to someone else. In order to do this, the appropriate documents need to be recorded on the property to make the changes you desire. Therefore, whether you want to transfer or protect your ownership interest, will determine which deed is right for your circumstances.
Most common property transaction forms we prepare:
Affidavit of Death of Trustee
This deed is for property vested in the name of a trust and the trustee passes away.
Affidavit of Death of Real Property Owner
This deed is recorded after the death of an owner that is not vested in a trust.
This form protects equity in your primary residence and is typically recorded if you are in a lawsuit where a money judgment may be awarded against you. See below for limits of equity protection.
$75,000 equity protection if you are single
$100,000 equity protection if you are Head of Household
$175,000 equity protection if you are age 65, physically disabled or earn less than $15,000 annual income
Abandonment of Homestead
The most common ways of abandoning a declared homestead are to record a Declaration of Abandonment. Another way would be by operation of law when the declared homestead owner records a new homestead declaration on a different property. Consequently, if you prefer to clear title to avoid confusion, you may record a Declaration of Abandonment.
Interspousal Transfer Deed
Between spouses, when one spouse releases ownership to the other spouse; typically done in divorce matters.
To transfer your ownership interest to someone else; typically used for re-finance purposes to add a co-signer.
Transfer on Death Deed (TODD)
To transfer your ownership interest to another person after your death.
Trust Transfer Deed
To transfer your interest to your trust to avoid probate. Most importantly, this will save your heirs thousands of dollars in probate court.
In conclusion, if you need to add or remove someone from title or protect your property from probate, we can help. We’ll prepare the necessary form and record it in the county records where your property is located. We have recorded deeds throughout the state of California and nationwide.