Aron Estate Planning, PC
Aron Estate Planning, PC
  • 2358 Market Street,
    San Francisco,
    California 94114
  • Call Now For A Free Initial Consultation

    (415) 570-9809

If you have a revocable trust, you can change the terms. One of the reasons that a revocable trust is so appealing is when you put your assets into a trust, you can still use them as if they were not in a trust, and you can also make changes to them. If you put money into an Irrevocable Trust, you cannot make changes. You create an Irrevocable Trust because you want to protect your assets from another person or entity. Because you’re giving power over to someone else to control your assets, the assets are no longer considered your assets.

What Does Properly Funding A Trust Mean, How That’s Done And Why It’s Obviously So Important?

Funding a trust is legal way of saying that you are putting your assets into a trust. Since a trust is just an abstract legal concept, this can be confusing. I will explain with one example. The first thing you need to put into your trust is your real property. This is usually the home you live in. You put your home in the trust by changing the title on the deed from your name to the name of your trust. By changing the title to the trust it is no longer subject to probate. This is a good thing. By changing the title to the trust, your home can be transferred without court involvement when you pass away and the specific details of that transfer will be controlled by the language of the trust. This is what happens when you have your assets in a trust. You are writing a thoughtful legal document that will control what happens to your things. If your assets are not in the trust the rules you wrote may not apply.

Can A Trust Help Me Avoid Probate?

A trust can help you avoid probate. When I start talking to people about their assets, I put them into two piles. One is things that go through probate and the other pile is things that do not. Anything in a Revocable Living Trust avoids probate. The more you put into that trust, the less likely it is that the state will need to make any decisions for you. Items in a Revocable Living Trust are not considered part of a person’s estate to determine whether probate is necessary. In other words, when all of your assets are in a trust then the terms of the trust determine everything that happens to them.

What Is An Advanced Healthcare Directive And Does Everyone Need One?

An advanced healthcare directive has multiple uses but the most important is appointing a Health Agent. The person or persons you appoint will make decisions about health care for you when you’re not able to. Some advance health care directives can be used immediately, while other advanced healthcare directives start working when you become incapacitated.

Within an Advance Health Care Directive you can provide as much, or as little, direction as you want. The bulk of your advance health care directive is instructions to your Health Agent. You can tell your Health Agent how you want to be treated in a hospital, where you want to be if you’re ill, what happens to you during a health crisis, and even how you want your remains to be disposed of.

There are many advanced healthcare directives in the public domain, and when I talk to my clients, I offer them several options because I think that people have a lot of different needs. There are very formulaic advanced healthcare directives based on state law, and everyone in the health care field is familiar with them. They may seem bland, but they give you many options for what you want to include. There are also extensive advance health care directives that include space to more fully flesh out your feelings about illness and death. There are even directives that allow you to give answers to specific hypothetical scenarios. Finally, there are specific healthcare providers that have their forms, for example, Kaiser Permanente has its own form.

When I talk about Advance Health Care Directives, I like to give people a lot of options about language. Since it is such a personal topic it is good to look at everything that is out there and see what’s most important to you.

For more information on Trust Law In California, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 570-9809 today.

Elizabeth Aron, Esq.

Call Now For A Free Initial Consultation
(415) 570-9809