Trusts

Trust Attorney in Santa Rosa

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. Contact Charles D. Stark to walk you through these matters.

Trusts can serve many different purposes: benefiting a charity, avoiding probate, avoiding a conservatorship during incapacity or disability, 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. Revocable trusts are infinitely flexible.
  • 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:

  • Husband and wife revocable trusts as the center of an estate plan to avoid probate and conservatorship.
  • 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.  He has more than 35 years experience and a “Very High” rating in both legal ability and ethical standards by Martindale-Hubbell.

 

Call a Trust Attorney in Sonoma County

If you are considering establishing a financial estate preservation plan, or if you are an administrator seeking help with Sonoma County probate, contact me online or by phone at 707-527-9900 to schedule a meeting. Successful outcomes start with the right choices about your future. My rates are reasonable, either hourly or by flat-fee, and I accept Visa, Master Card, Discover, and American Express.

By completing these two document before your consultation, it will give me a better idea of what your estate planning needs are and will help me tailor your estate plan to suit your needs.

Family Information Questionnaire

Estate Asset Summary Questionnaire

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