Revocable Trust Attorneys in California

• Asset Control. Once you have placed assets in a revocable trust, you retain the power to remove those assets if circumstances change.
• Beneficiary Control. Revocable trusts are often used to provide for loved ones who have trouble with money management because you can specify the terms of the trust distributions to provide the beneficiary with a steady stream of income. This often becomes useful when the trust beneficiary is a minor for whom you wish to provide support during your lifetime.
• Providing for Yourself. Revocable trusts can be used to provide a steady stream of income to yourself during a period of time when you are disabled or incapacitated. Rather than go through the lengthy and expensive legal process of having a conservator appointed by the courts, your revocable trust can kick in immediately to begin funding your expenses.
• Privacy. Revocable trusts are generally not a matter of public record during your life. This means that the terms and funding mechanisms with respect to the trust remain completely private until your death, when they may then become a matter of public record.
• Probate Avoidance. Probate in the state of California can take years in more complicated cases and can be extremely expensive. Placing assets in a revocable trust means that those assets will pass directly to the trust beneficiaries and will be controlled by the trustee upon your death, bypassing the probate system entirely.
• Ease of Creation. Revocable trusts are relatively easy to create, because they can be changed at will during your life. Despite this, California does impose detailed rules, so speak with an attorney before assuming that your revocable trust is valid.
• Out-of-State Property. Revocable trusts can hold property held in other states. This can allow your beneficiaries to avoid the need for probate administration of those assets in multiple states.

Despite the many benefits offered by the revocable trust structure, it is also important to remember that these trusts do not serve all planning purposes. For example, because you retain control over the trust assets, you will continue to be responsible for income taxes on the trust property. Those assets will also usually be included in valuing your gross estate for estate tax purposes. In some cases, your creditors will be able to reach the trust assets, meaning that revocable trusts are not the best mechanism for asset protection.

Why Choose The Law Offices of Darrell C. Harriman to Draft Your Revocable Trust

Since 1980, I have helped clients with drafting revocable trusts designed to accomplish your specific planning goals. Revocable trusts are often preferential to irrevocable trusts because they allow you to retain control over the trust terms during your lifetime, and also control the eventual asset disposition after your death.