Testimonials

Mr. Hanks did an excellent job in setting up my trust. He’s very knowledgeable. He explains everything, tailored the trust to fit my individual circumstances. He completed the trust in one week, and his pricing is very fair and competitive. . . . by Greg G.

Paul did a great job on our living trust, very thorough, explained everything. Could not be happier with the service of this quality living trust attorney. . . . by Gary W.

Paul helped my mother get her joint living trust done, very professional. Love that the prices are on his website, straight forward no surprises at the end. He goes over every detail and explains everything, not just legal words. And great turn-around time.. . . . by Cat P.

After searching for an attorney to do my living trust I came upon some great reviews for Ironclad Living Trusts. I contacted attorney Paul Hanks and felt comfortable with his knowledge and professionalism. He was able to put my mind at ease with his no-nonsense, friendly and professional attitude which was refreshing. I would not hesitate in recommending Ironclad Trusts.! . . . . by Ally Gee

We made an appointment to see Paul Hanks, an attorney at this firm–and we were sure we glad. We wanted to get a revocable living trust and, while it was clear it was a good idea, it just sounded really hard. Paul had emailed a form in which we listed our assets, etc., so the first visit only took about 45 minutes. He quoted us a very reasonable price and said the trust would be ready in two weeks. During those weeks, he emailed us drafts of the documents for review. They included the trust, pour-over will, and several others. We asked several questions by email, and he always responded promptly. When we returned to his office, he had a notary present, and it took about 30 minutes for us to sign the forms. He then scanned a copy and emailed it to us. The originals were put into a nice-looking three-ring binder and given to us. His last words were, “If you ever have any questions, just let me know. There is no cost.” Highly recommend Paul. He knows his stuff. We had some steps to do (notifying banks, etc.), and he laid out each of those steps clearly. . . . by Dan C.

About Our Will Trust Attorney and 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 California, 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.

What If I Own Real Property?

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 Couples

Yet another added benefit of an ironclad 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.

Staging and Managing A Beneficiaries Inheritance

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.

Special Needs Trust Provisions

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 California 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.

Guard Against Reckless Estate Handling

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.

Using a California Living Trust to Disinherit a Child

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 California living trust. Special care needs to be taken in preparing precise language. The child needs to be correctly disinherited.

A California living trust is recognized in all 50 states. It can actually capture your property located in other states. A California living trust is a very flexible and far-reaching device. And if you acquire property in the future, there is no need to amend your living trust. If you decide to buy a vacation home next year, you merely have the home deeded to your living trust. This can be done by a will trust attorney at the time of the sale and real estate closing.

Ask our Estate Planning Attorney About Living Trusts. Also ask about Power of Attorney, or Pour-Over Wills.

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.

Questions You May Have About Trust Attorneys or a Certification of Trust

Can you do a living trust yourself?

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.

Do I need an attorney for a living trust or power of attorney? Do I need an estate planning attorney?

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.

Do you need a will if you have a revocable living trust?

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.

Does a certificate of trust need to be notarized/certification?

It 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.

How do I choose an estate planning attorney?

There are many ways to locate a qualified estate planning attorney. Most important is that your choice of an estate attorney be 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.

Paul Hanks can handle all your certification of trust and joint living trust.