Legal Question in Wills and Trusts in California
Cost
What is the difference in the cost of a Living Trust/Will? Married, adult children, home, 401K, IRA, . I've been led to believe that probate cost about 20% of total estate. Does that mean just the half being inherited?
3 Answers from Attorneys
Re: Cost
When you say the half being inherited... what do you mean by that? As Mr. Roth stated, only property being transferred by probate has probate costs (essentially what was owned at the death of the individual, by the individual).
To answer your question, as you have described your situation... you really would be better of with a trust. Will only options are usually for people who have less then a couple hundred dollars in assets and do not own real property. In Sacramento, the prices of wills vary, but they are less expensive then a trust.
I put on an estate planning 101 seminar once a month (today actually). We keep them small in size (10-12 people at most), free of cost and they are not a "sales pitch". They are designed to educate the community. In the seminar we discuss trusts, probate, advanced health care directives, durable powers of attorney, etc. If you are interested, you can either sign up on our website or contact the firm.
With regards to your question on "price", most attorney's do not like to publicly disclose their pricing. My staff or I would be happy to discuss our costs (and the difference between the two options) over direct e-mail or phone.
Re: Cost
an estate plan with a revocable trust will cost more than one with wills only. however, probate is not only expensive (statutory attorneys fees, filing fees based on the size of the estate) but when required usually takes at least 6 months. i have yet to meet a client who was pleased that probate was necessary for an estate for which he or she was executor or an heir.
Re: Cost
Yes. The cost of probate relates only to those assets going into probate.
I suggest you buy my book coming out on the 15th of this month, "Create Your Legacy & Save the American Middle Class, How You Can Protect Your Loved Ones in the Event of Death or Disability (Without Paying a Legal Fees}" You will be able to order the book on-line at Amazon.com, but, it is better to order at www.IWantToCreateMyLegacy.com. If you order there, you will get a free special report entitled "The 7 Urban Myths About Medicaid & The Truths You Need to Know". This report alone could save you and your family hundreds of times the cost of the book. The book is, to my knowledge, the only one written for regular people in the middle class, and it contains in an appendix the Legacy Living Trust Package, which to my knowledge is the only complete fill-in the blanks trust package written in simple English (no Legalese) that will be valid in every State in the US.