DOES A TRUST AVOID PROBATE ON OUT-OF-STATE REALTY?

Yes. You can avoid probate on out-of-state realty by transferring those properties into your California trust. For example, if you own land in Arizona and New York, you can avoid probate in both Arizona and New York by transferring these out-of-state assets into your California trust.

Each state has their own laws regarding transferring property into and out of trust. You may need to consult an attorney in the state where you own real property to determine the best course of action.

Please feel free to set up a conference with us to discuss your estate planning needs regarding your assets in and outside the state of California.

Note: The above is general information and you should consult with an attorney to answer your personal questions and to have your estate plan drafted or reviewed.

I HAVE HEARD OF THE TERMS SETTLOR, TRUSTEE, & BENEFICIARY. WHAT DO THEY MEAN?

A Settlor, Trustor, or Grantor all mean the person who creates the trust. 

A Trustee is the person who manages the trust.

A Beneficiary is the person who receives the benefit of the trust, this is the person for whom the trust is established for. 

You or you and your spouse can be all three: Settlor, Trustee, and Beneficiary of the trust. You and your spouse can be both the creators, managers, and beneficiary of your trust. If you are single, you alone could be the Settlor, Trustee (manager), and beneficiary of your trust. 

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MY CHILDREN ARE YOUNG, I DON’T WANT THEM TO HAVE AN OUTRIGHT DISTRIBUTION OF MY TRUST ESTATE WHEN I PASS AWAY, WHAT CAN I DO?

Periodic Distribution

You can delay distribution until your children reach a certain age. You can have periodic distributions during your children’s lives at specific ages or one payment to your children when they reach a certain age. 

Educational Trust

Many parents create an educational trust on their passing. An educational trust will place your children’s share of your estate into a trust to be used for their education. Your children’s educational expenses could be paid for from this trust. Education expenses can include: books, fees, transportation costs, tuition, and living expenses. You can determine what expenses you wish to paid for regarding your children. When your children turn a certain age, they would receive any remaining balance from their share of the educational trust, as you decide. 

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