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A living trust serves as a wonderful insulating layer of privacy. It will keep your estate out of the court system. It saves the fees that would be charged by the probate court. These fees are avoided to be passed on to your selected beneficiaries.
Too many people make the mistake of believing that merely having a Will is enough to avoid probate. This is a trap for the unwary. Even with a Will, the value of assets exceeding $184,500 is enough to trigger probate. Protect your estate with a living trust.
Only a living trust can provide you with a feeling of security. You can rest comfortably, knowing that your wealth will pass to your beneficiaries.
Complete Living Trust - Couples
2,195
Complete Living Trust - Singles
1,495
Paul Hanks has been a licensed Living Trust Attorney in California for over 28 years serving Desert Hot Springs. Attorney Hanks prides himself on client contact and satisfaction. He has pervasive experience in drafting comprehensive, Iron Clad living trust packages. His rates are very affordable. Paul Hanks is also published. In a recent article, he points out that it’s not death and taxes most of us should be worrying about, but death and probate. Protect your estate with an ironclad living trust. Click for Complete Trust Pricing and Package
Iron Clad Living Trust offers great deals on complete living trust packages. They consist of a full array of personalized written instruments. They are tailored to your individual estate needs. These include the following:
Ironclad Living Trusts is managed by Living Trust Attorney Paul A. Hanks. He has a track record of 30 years as a practicing California lawyer with a very sharp focus on quality estate planning. The power of a sound estate plan with a comprehensive living trust as the centerpiece cannot be understated. Many people mistakenly believe that a Will alone is enough to avoid probate. The truth is that in California, having a Will alone will not avoid the probate of your home, and even other assets that exceed a low monetary threshold trigger a probate case.
There are also many other reasons for a living trust. Existing deeds must be examined for deficiencies unknown to the property owner. For example, if husband and wife only hold title to their home as “joint tenants” on the Grant Deed, rather than as “community property with right of survivorship”, a capital gains tax liability has been created that a Trust can correct, but not a Will.
A living trust also avoids the need for the filing of a spousal petition upon the death of the first spouse. Exorbitant probate fees and costs are saved and passed on to your beneficiaries. The trust also allows for retention of an asset such as a home rather than its forced sale resulting from the need to cover probate fees. A living trust also contains provisions which address your incapacity and provide for the protection of your estate resulting from government funded services through Medi-care or Medi-cal. The troubling reality is that a very large percentage of the elderly rely on government funded medical benefits as they age, and their home’s equity can be the subject of an estate recovery upon their death unless proper planning has been done. Having a home in trust also makes it very difficult if not impossible for a scammer to commit loan fraud.
Another added benefit of a living trust pertains to married couples. Only a living trust can provide you with the feeling of security in knowing that, after the death of the second spouse, your assets and wealth will eventually pass to your selected beneficiaries, and not end up with some stranger who you did not even know before the time of your death. Married couples often make a huge mistake thinking that their estate is secure for their next generation without a trust in place. As you can see the power of a living trust is enormous. Please feel free to email attorney Paul A. Hanks directly at Ironclad Living Trusts.
Why do I need a Joint Living Trust?A proper estate plan centered on a living trust and power of attorney is vital for anyone. We also offer pour-over wills. People work very hard to get home. Everyone knows that wealth is hard to come by. It is often surprising to see how many fail to have plans for them in place. Many people believe that merely having a will is enough to avoid probate, which is a trap for the unwary. In Desert Hot Springs, assets exceeding $150,000 will trigger costly and time-consuming probate. It can be troubling to have a single unaccounted asset (such as a stock, bond, annuity, or other investment). It may result in a lengthy and expensive probate proceeding.
Owning real property is another high-risk area for an unwanted probate case. All homeowners should evaluate their estate needs. You should protect yourself with an estate plan and power of attorney. If you own a home, but it is not part of a living trust, you are probably an excellent candidate for a living trust. A living trust insulates the home from probate. It also gives the beneficiaries of your home greater flexibility to retain the home as an asset. Since a living trust will avoid probate of the home, there cannot be a forced sale to cover probate fees.
Living Trusts and Married CouplesYet another added benefit of an Iron Clad living trust pertains to married couples. Only a living trust can provide you with a feeling of security. You will know that your wealth will pass to your selected beneficiaries. As you have stated in the trust, a trust provides that the estate will pass upon the second spouse’s death. A will cannot control a disposition in the future to the degree as a joint living trust can. The trust preserves the estate for your children and any other selected beneficiaries. It guards against property, winding up with someone outside of your next generation. Couples without estate planning are at risk of missing generational estate passing. For example, consider a home in the name of the husband and wife as joint tenants only and not in trust. When the first spouse dies, ownership of the home shifts to the surviving spouse. A surviving spouse is not bound by a living trust. There is zero assurance that the children of this couple will inherit the home. The surviving spouse can add a new partner or spouse to the title. The deceased spouse may never have contemplated.
It is not uncommon for a living trust to provide a beneficiary’s share to be managed on their behalf. They can specify for it to be distributed at specific intervals for any number of reasons. The beneficiary could be young, or laboring under disability, or reckless with spending. A living trust can have the successor trustee manage the beneficiaries’ inheritance. You can specify distribution over time rather than paying it all out in a single lump sum.
We also see situations where a client has a disabled minor or adult child. These situations require attention. The special needs trust attorney must take care to incorporate special needs provisions. A Desert Hot Springs special needs trust can protect the rights of the beneficiary. The result can be catastrophic if a special needs trust is not in place. The purpose of a special needs trust is to preserve entitlement to public assistance. It will provide access to government programs. The living trust attorney must strive to draft special needs trust provisions to supplement benefits. It can not be set to supplant benefits. You may also need a power of attorney.
A living trust also involves the client’s selection of an order of successor trustees. A successor trustee can’t act on the trust until the creator is disabled or dies. The decision on who you will choose to serve as successor trustee should not be made in haste. A living trust is designed to guard against reckless handling of the estate. It should include a clause for competent, trustworthy, responsible, and impartial successor trustees. A beneficiary who meets these criteria can also serve as a successor trustee.
At times a California living trust is also needed to disinherit one or more children. It is not uncommon for a parent and child to have drifted apart or developed differences. This requires a properly drafted Desert Hot Springs living trust. Special care needs to be taken in preparing precise language. The child needs to be correctly disinherited.

You may have been thinking about a living trust or Power of Attorney for quite some time. Your time may have just arrived. Please do not hesitate to call or email Paul A. Hanks. We can arrange for a free consultation. We can answer all your questions about living trusts or power of attorney.
Some clients are tempted by the cheap lure of the “do-it-yourself” approach. Generic prepackaged trusts and sample estate plans are widely available on the internet. These assembly-line-type trusts are peddled to a mass audience. Most clients are not trained in estate planning. They do not realize that any number of scenarios can arise. If not addressed in the trust, it could result in legal warfare. It could also involve probate courts after the person’s death.
An attorney is a wise choice for estate planning. A person embarking on the “do-it-yourself” approach does not realize a critical mistake. The impact of the error is not felt until after their death. That is the danger of the do-it-yourself approach. The mistake is different from a hole left in your roof that is quickly noticed as soon as the next rainfall. Instead, the mistake made by the “do-it-yourselfer” lies in silence. The damage is only made known until after death, and by then, it is too late to correct.
A revocable living trust eliminates the need for a traditional will. However, a companion will to the living trust is needed, often called a “pour-over will.” The pour-over will function in conjunction with the trust. It will allow the entirety of the deceased person’s estate to be distributed. It will not need a probate court’s involvement.
It is an essential part of a living trust package. It is required for business done on behalf of the trust. For example, after the decedent’s death, the property of the estate may be sold. Financial accounts may need to be liquidated. For these activities, the successor trustee will produce the Certification of Trust. The Certification of Trust must be notarized.
There are many ways to locate a qualified estate planning attorney. Most important is that your choice of an estate attorney is someone who informs and educates you. An estate planning attorney should take time to guide a client through the process. Almost all estate planning law firms provide a free consultation. The client should take advantage of the opportunity to meet the attorney. The client can have all their questions answered.