Setting up a trust can be an efficient way to shield assets, avoid probate, or keep separate property apart from marital funds. But can you establish a trust in a way that doesn’t give your spouse interest in the trust property? The short answer to “Can I set up a trust without my spouse?” is […]

A trust is a legal document whereby you transfer ownership of assets to a trust and name someone you have confidence in as the trustee. The trustee manages the trust and makes sure your assets are transferred to your named beneficiaries when you die. There are many types of trusts that serve different purposes. There […]

A Revocable Trust is one of many types of trusts.  Each is designed to offer something different. As tools, these legal documents help people preserve their assets in ways that meet the needs of their estates. Trusts can be broken down into two groups: Revocable Trust Irrevocable Trust A revocable trust can be “revoked” – […]

During estate planning or when you write a will, you can grant a person (fiduciary) certain responsibilities – an executor, trustees, and guardians are all examples. Fiduciaries have a significant role in the management of your estate. As such, it is important that these roles be filled by people who can manage their responsibilities so […]

Charitable trusts are irrevocable – meaning once they are established the income belongs to the trust and not to the individual. There are benefits to setting up a charitable trust aside from helping an organization or person. Here are a few of the many things to know about charitable trusts in California. 1. Taxed or […]

A Spendthrift Trust is a legal framework that protects the assets within a trust from a potentially irresponsible beneficiary who might harm the trust by overspending or squandering the assets. The spendthrift trust also protects the trust and its assets from creditors of the beneficiary. The creditors are not able to seize the assets of […]

When choosing someone to choose an executor, guardian, or trustee of your will, be sure to choose a fiduciary. Many advisors can handle the basic guidelines of your will or trust, but not all of those are fiduciaries. The difference is that a fiduciary makes financial or other decisions for you, while a financial advisor […]

“A loved one just passed away. Do I need to open a probate estate?” At Charles D. Stark, we hear this question often. In most cases, the answer is yes – an estate gives you greater control over your loved one’s assets. Sometimes, though, you do not need to open an estate. Probate is a […]

A power of attorney or POA is a legal document. It gives someone else your legal rights to make decisions on your behalf. The decisions can vary, and a POA can be as specific or general as you would like. The person who is giving this power away is called the “principal.” The person receiving […]

A Will contest is a legal claim that there is some reason that a will is legally invalid. These lawsuits are often brought by family members who are left out of Wills or feel that they did not get as much as they should have from a will. At its core, a Will contest challenges […]