Legal Question in Wills and Trusts in California

My brother, sister and I are telling my mother to put her estate in a trust so it won't have to go to probate when she dies. She is afraid that she loses all control of her assets if she does this. Doesn't the trust only take affect when she dies so she still controls all assets until that happens??


Asked on 4/19/10, 2:05 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

The trust takes effect immediately, but as trustee, she would have total control over everything, as would be a revocable trust. The benefit, of course, is that real property does not have to be probated, and transfer is fairly easy.

Read more
Answered on 4/24/10, 2:27 pm
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

Another benefit for your mother of putting her assets in a trust is that you would be better able to care for her if she were to become incapacitated. You should also remind her that unless the trust is irrevocable, she can terminate it at any time.

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

Read more
Answered on 4/26/10, 9:41 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California