Estate Planning Checklist for California Residents

Many people view Living Trusts simply as a vehicle for avoiding probate and simplifying the transfer of their estate. Some clients have valuable jewelry, artwork, antiques, collectibles or other tangible personal property (what I call "stuff") that will be passing to their beneficiaries. Since you trust Adam so much for this important role, might it not make sense to empower Adam, after he becomes the Trustee, to make the decision that Bob is not the best person to serve as successor Trustee and allow him estate protection services to make a different appointment? Then, after a few years, due to medical or other unforeseen reasons he is unable to continue to serve as Trustee.
Notifying Beneficiari


Without a Living Will, you are likely setting your loved ones up for estate protection services even more excruciating decisions, and possible guilt, as well as your own possible suffering. But if you don’t decide whom to entrust with these decisions, someone else will. These documents can have different names in different states, like "advance healthcare directive" or "physician’s directive." In California, the person you give this power to is sometimes called your "healthcare agent.br/>

"Depending on your wishes, you might include language specifying that the trustee shall, or shall not, consider beneficiaries’ outside resources," says Erica Webber, Senior Trust Officer for Bank of America Private Bank. For example, you may include special provisions to provide ongoing support for a minor child, manage life insurance policies, or deal with retirement accounts. These provisions help you avoid disputes among beneficiaries and ensure that your estate plan works according to your wishes. Choosing carefully provides protection for your heirs and ensures your wishes are carried out. You also need to ensure that the trustee will manage the trust’s terms fairly to prevent disputes among family members. If you fail to transfer property correctly, the trust’s benefits may not apply, and your estate may still go through probate.
While your trust administrator cannot draft your trust document for you, they should be able to recommend several estate planning attorneys in your community who can officially draft it for you. For one, professional trustees are not tied into family dynamics and can objectively administer your trust in the best interest of the beneficiaries, subject to the terms of the trust. Perhaps the most important step of the trust process will be choosing your truste

Special Provisions: When to Include Them in Your Estate Plan
You just want to make sure you’re also designating a successor trustee to take over after you pass away.1 Your trustee is the person responsible for managing and carrying out your trust fund after it’s been created. Trust funds are meant to set aside and protect your assets for the future — whether that’s before or after you’re gone. Even if you create a living trust but do not fund your trust during your life, your trust can still effectively work as your estate plan and serve several purposes, so long as you sign a "pour-over" will that distributes your probate assets at your death to your trust. On the other hand, a well-prepared trust as part of your overall estate plan has many benefits and will facilitate the implementation of a plan that meets your goals. This means that between your various life insurance policies, investment/retirement accounts with named beneficiaries, and other assets, up to $4 million may be transferred at your death without any tax liability.
What are the Steps for Setting Up a Living Trus


An attorney also makes sure your trust complies with state law and provides essential protection against future disputes. An estate planning attorney can guide you through the process, ensure that all assets are properly funded, and help you make decisions about trustees and beneficiaries. You can also protect beneficiaries from divorce or creditors by carefully drafting the trust document with the help of an attorney. The successor trustee is the person responsible for paying debts and distributing property to designated beneficiaries without court involvement. The grantor often names themselves as trustee while living, which gives control over the trust’s assets during life. A properly funded trust is essential for ensuring that assets will be managed and distributed according to your wishe


A good Living Trust will contain broad language authorizing the successor Trustee to make distributions to you or to others for your benefit (such as paying care providers, maintaining your residence and other property you may have). One of the biggest benefits of having a Living Trust is that it can provide the best method for managing your property in the event of your disability. As the grantor, you’re also responsible for naming a trustee for the trust, the person or organization who is responsible for holding and eventually administering the assets in the trust according to the grantor’s wishes.
How to List and Transfer Property Into the Trust
These professionals can manage details and responsibilities that might overwhelm an appointed family member and can provide an objective buffer to mitigate family disputes. Some grantors, as part of the trust document, name an individual as "trust protector," someone who has the authority to remove a trustee if necessary. "As part of your trust document, a succession plan could either mention successor trustees by name or describe an orderly process for finding replacements," Galvagna suggests. More than just an administrator, your estate protection services trustee operates as a fiduciary, meaning the trustee is legally required to serve your best interests, as well as the best interests of the trust and its beneficiaries. "If you design your trust to be multigenerational, at some point a corporate fiduciary will likely come into play because it’s impossible to anticipate the future needs of your family." When the trust expires and the remaining assets are divided, distributions that have already been made to a beneficiary will be subtracted from that person’s shar