Santa Rosa Trusts Attorney

If you have worked hard for many years, you may have attained some wealth. You cannot "rest on your laurels," unfortunately. The possible dangers to your assets include excessive and unnecessary taxation, spendthrift family members and mismanagement after your death.

Trusts can serve many different purposes: benefiting a charity, avoiding probate and avoiding the dangers listed above. They can be categorized as follows:

A testamentary trust is created as part of a will, becoming effective on death.
A living trust is created during one's lifetime. These may be revocable or irrevocable.

• Revocable Trusts -- You have the right to change certain aspects of the trust. It is part of the estate when you die but is not subject to probate.
• Irrevocable Trusts -- If you are not concerned about a need to alter the trust, you may choose an irrevocable trust. It is not taxed as part of the estate when you die.

Popular trusts include the following:

• Charitable trusts benefit a worthy organization immediately or in the future.
• Spendthrift trusts benefit a person who is not considered responsible enough to handle a large amount of money.
• Special needs trusts benefit children and adults not ready to completely care for themselves.

Avoiding Probate

To avoid probate, a trust may be created that will not be considered part of the estate when you pass away. Most estates must be probated -- to ascertain the validity of a will and proper distribution of assets.

When large amounts of money are involved or there are difficult family relationships, disputes may arise. Is the trust valid? Was the grantor coerced or incompetent? Charles D. Stark, Attorney and Counselor at Law, handles negotiation and litigation in trust disputes to minimize family discord and promptly settle affairs.

Retain a lawyer with more than 30 years experience and a "Very High" rating in both legal ability and ethical standards by Martindale-Hubbell.