Legal Question in Wills and Trusts in California

I'm trying to figure out if I should have a will or living trust: All I want is this; after my death, all property (house, car, stocks, etc) that belongs to me to be sold, combined with the cash that I have in my bank accounts and all the cash gathered to be sent to my nephew who is not US citizen and who doesn't live in the US. Can I have a living trust for this? Or should I go with a will? I like the option of avoiding probate with a living trust but I'm not sure if I can even have a living trust for what I want to do. Any help would be appreciated, thanks!!


Asked on 3/21/10, 6:06 pm

4 Answers from Attorneys

I can't imagine any problem with having a trust to accomplish what you want here.

It's advisable to speak to an attorney who is knowledgeable in both probate and trust law, rather than to do this yourself. If it's not done right, some of your assets might wind up having to go through probate. And, as you know, probate will, in almost all circumstances, be more time-consuming and more expensive than a solid estate plan.

You are free to contact me for such services. Or another attorney, if you prefer. Just be sure that you do use an attorney who has a practice which focuses on estate planning, wills, and trusts. Many attorneys not versed in these areas will be happy to draw up a trust or an estate plan, but they are more likely to make mistakes.

Best of luck to you!

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Answered on 3/26/10, 9:12 pm
George Shers Law Offices of Georges H. Shers

I do not see why you can not do what you want through a Trust, but you also need a pour over Will as if the ownership of an item is not put in the Trust it would go lto your estate on your death. Your assets in the estate would probably be small enough [less than $100,000] so that probate would not be required. You should also look into making gifts to him now so that you have the pleassure of knowing while your alive that he is economically better. There can be tax advantage, but also disadvantages, depending on what you do.

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Answered on 3/26/10, 9:17 pm
Ken Koenen, LLM Law Office of Ken Koenen

A properly drafted living trust will do what you want.

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Answered on 3/27/10, 10:50 am
James Bame San Diego Law Office

This office can prepare the proper estate planning documents to accomplish you final wishes at a reasonable fee. Contact me directly.

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Answered on 3/30/10, 4:33 pm


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