Living Trust Attorney – Avoid These 5 Common Will & Trust Issues


“Living trust attorneys can help you create a living trust and choose the type of trust according to your situation. You can save your family from a lot of potential future hassle and expenditure on attorneys by creating a trust and spending on living trust costs. “

I should not hire a living trust attorney in Sacramento as I am experienced enough to write my own trust.

This is the first mistake most people commit when it comes to handling complex legal matters. There are several legal ways in almost every aspect of property ownership that can help you to cut costs and taxes. Not everyone knows these complicated terms and acts better than an experienced attorney. When it comes to will and trust issues, a living trust attorney can help you to protect assets and your loved ones from unnecessary estate taxes and probate processes.

Mistakes in a living trust can sabotage the whole estate planning, and your beneficiaries will have to suffer as a consequence. The best way to avoid these common will and trust issues is to let the living trust attorney Sacramento handle the smooth transition of the property transactions.


What is Living Trust?

Living Trust is a legal document that ensures that your assets are put into a trust during your lifetime. In short, you create a trust to put all your assets into that trust. Next, you can manage the trust however you want or even make changes to the trust. You have to nominate a trustee as well, who is a person that you can trust with your assets. After your death, your assets or properties are distributed among the beneficiaries you have named in the document. In this situation, the person who creates the trust is called the settlor or grantor.

One of the benefits of having a living trust is you can revoke, alter, or add more assets to the will in your lifetime. But you do have the choice to create an irrevocable living trust as well. You can reduce the stress for your family or loved ones by creating trust for them and avoiding probate. In these issues, searching for living trust attorneys near me is beneficial as they can guide you better according to your situation. If used correctly, living trusts can be used to save tax or manage property in a better way. 


How Can a Living Trust Attorney Help?

Searching for living trust attorneys near me is a wise choice, as a living trust attorney ensures that you are drafting your document properly. In addition, they can guide you about the trust’s legal aspects and help you choose the type of trust you can create. Also, they can guide you about your state laws and how a trust can help you with certain exceptions.

There are many benefits of creating trust in your lifetime. It is a mistake if you think the living trust cost is avoidable. While you can avoid living trust costs, you and your family will be paying more taxes and other fees in the long term. Also, if an issue occurs with the distribution of the property, your family with go through both emotional and financial stress anyway. It is wise to invest in living trust cost now, then to go through stress later.

Through creating trust, you can avoid not only the emotional stress of your family but of yourself as well. For example, if you have minor children or a child with special needs, creating the trust can give them financial security in the future. Hence, you will be satisfied with your property distribution and the security of their inheritance. Also, a living trust document can help your family avoid court. Thus, spending on the living trust cost can save you and your family the cost of attorneys and a lot of time later. 


Working with a Living Trust Attorney

Usually, clients make a will and trust mistakes to avoid the living trust attorney fee. In reality, any mistake can cost a significant amount in terms of taxes. Despite hiring a living trust attorney, you should be aware of common mistakes that can get your beneficiaries in legal trouble.


Living Trust Attorneys


Here are some common mistakes that usually happen during trust writing:

1.     Improperly Drafted Documents

Whether you are going with DIY or want to hire a professional attorney, having a properly documented living trust document is really important. A proper document must have:


Valid language

Formal and legal language should be your top priority if you plan on doing all of this on your own. You can simply download a simple template and edit it roughly. The whole process required a deep understanding of legal knowledge. Even if you edit the template, ensure no important information is eliminated from the document.


Specific goals

No basic living trust document is going to meet all of your estate planning requirements. You need to set your estate planning goals whether you want to reduce the taxes or want to benefit a minor. All of these specific goals should be settles before writing the living trust document.

When you compare the consequences of the mistakes, living trust attorney cost seems negligible. Not paying attention to these issues will only complicate the case.


2.     Picking the Wrong Type of Trust

In court, every little point matters, and no specific trust type can fulfill all clients’ requirements. Asset type and your goals for the beneficiaries define the right type of trust for you. Choosing the wrong type of trust can hurt your financial goals and other plans for the beneficiaries. Apart from the trust type, not adding the beneficiaries can also create severe legal issues when you pass away. The account will eventually go into probate if there are no designated beneficiaries in the trust.


3.     Not Designating the Trustee

Appointing yourself as the trustee is not enough; you also need to designate a successor trustee. Common people usually overlook the technicalities, and the beneficiaries face the consequences when it is already too late. The designated trustee will step in to manage legal matters on your behalf. Life is unpredictable, and leaving this important decision for later can be a mistake.

Apart from designating a successor, make sure you appoint the right person for this job. Whether you are dead or sick, your appointed trustee should honestly manage things as per your wishes. Choosing the best friend of the eldest son as successor trustee is a common practice, but it is not always the best choice. You should discuss your choice with your living trust attorney. Only an experienced person can guide you about what to look for in a successor trustee.


4.     Not Reviewing your Living Trust

A living trust is not a one-time job because events keep happening, and situations keep changing. You will have to pay attention to every little detail that may alter the outcome of your estate planning objectives. The best way is to stay in touch with your attorney. Living trust attorney Sacramento will charge a reasonable fee, but the assistance is worth it. You can ask the attorney to review the living trust whenever you want to make changes.

If you have acquired new assets after writing the living trust, you must update the trust accordingly. You can ask your attorney to review the trust after every 6 months. This little practice will ensure that your beneficiaries will benefit from the trust successfully.


5.     Not Considering the Actions of your Spouse

After the person’s death, the spouse can access the assets in the trust. Anyone can change if the spouse has the authority to alter the recommendations in the trust. Giving this right to your spouse is a good idea so that the trust can be adjusted according to the situation after your death, but it can also cause different issues on the other hand.

In the case of a second marriage, you need to be extra careful with these things. Working with an estate planning attorney will give you better insights into the best steps. Don’t be afraid of living attorney fees because you will regret not hiring an attorney if something goes sideways.


Living Trust Attorneys Near Me 

Even if you want to try DIY for living trust, it will not be free as there are some essential costs you have to pay. Even after spending money, you are still vulnerable to mistakes and errors that can cost a lot. Instead of risking the estate planning objectives, you must hire a living trust attorney in Sacramento.

Generally, the living trust attorney fee depends upon your objectives and the case’s complexity. Living trust cost is the price you pay for successful and smooth estate planning for the sake of your loved ones or beneficiaries.

If you are searching for living trust attorneys near me, consider contacting Attorneys Real Estate Group. We have the most skilled and expert living trust attorneys that carefully listen to your situation. Also, you can contact us for a free consultation from our experienced living trust attorneys. Thus, contact us today on our website or give us a call on 916-671-3138