Purpose of Wills & Trusts, Types of Wills & Trusts, Trust Administration, Living Trust

Wills & Trusts Attorney in Clovis, CA

Comprehensive Legal Advice and Guidance for Wills & Trusts in Clovis, California

Are you looking for a Wills & Trusts Attorney in Clovis, California? Look no further than Barrus and Roberts PC. Our legal experts are here to assist you with comprehensive legal advice and guidance. Here’s what you need to know about Wills & Trusts and how our attorney can help you.

Purpose of Wills & Trusts

Wills and Trusts are essential legal documents that everyone should have in place to ensure that their assets are distributed according to their wishes after they pass away. Without a Will or Trust, the distribution of assets is left to state law, which may not align with the individual’s wishes. At Barrus and Roberts PC, we understand the importance of Wills and Trusts, and our legal experts are here to assist you with comprehensive legal advice and guidance. One of the primary purposes of a Will is to outline how your property and assets will be distributed after you pass away. It also allows you to appoint an executor to carry out your wishes. A Trust, on the other hand, is a legal arrangement that allows you to transfer your property and assets to a trustee, who will manage them on behalf of your beneficiaries. There are different types of Wills and Trusts, each with its own purpose. A simple Will is a basic Will that distributes your assets to your beneficiaries after you pass away. It is the most common type of Will and is suitable for people who have straightforward estates. A Living Will is a legal document that outlines your end-of-life care preferences, such as whether you want to be kept on life support or not. It can also include instructions for organ donation.

Types of Wills & Trusts

There are different types of Wills and Trusts, each with its own purpose. Our attorney can help you determine which type is right for you. Some common types include:
• Revocable Trust. A trust that can be changed or revoked during your lifetime. It is a popular estate planning tool that allows you to transfer your property and assets into a Trust during your lifetime. This can help you avoid probate and ensure your assets are distributed according to your wishes. An Irrevocable Trust, on the other hand, is a Trust that cannot be changed or revoked once it has been created. It is often used for tax planning purposes.
• Testamentary Trust. A trust that is created in your Will and takes effect after you pass away. It can be used to provide for minor children or beneficiaries who are not capable of managing their inheritance. Our attorney can help you determine which type of Will or Trust is right for you based on your specific needs and circumstances.

• Trust administration. This is another service our attorney can provide. If you have a Trust, our attorney can assist with managing Trust assets, distributing Trust income and principal, and filing tax returns. This ensures that your Trust is being managed properly and that your beneficiaries are receiving the benefits that you intended.
• Living Trust. This popular estate planning tool allows you to transfer your property and assets into a Trust during your lifetime. It can help you avoid probate and ensure that your assets are distributed according to your wishes. Our attorney can help you create a Living Trust and ensure it is properly funded. Proper funding is critical to the success of a Living Trust, as assets that are not transferred into the Trust will still be subject to probate.

We Strive to Make it as Easy and Stress-Free as Possible

At Barrus and Roberts PC, our attorney understand that estate planning can be a difficult and emotional process. That’s why we strive to make it as easy and stress-free as possible for our clients. We take the time to understand your unique situation and goals and work with you to create a plan that meets your needs.
One of the key benefits of working with an experienced Wills & Trusts attorney is that they can help you avoid common pitfalls and mistakes. For example, if your Will is not properly drafted and executed, it may not be legally binding, which can lead to your assets being distributed in a way that does not reflect your wishes. Our attorney can ensure that your Will is properly drafted and executed to avoid any issues down the line.
Another important consideration when it comes to estate planning is taxes. Estate taxes can be a significant burden on your beneficiaries if not properly planned for. Our attorney can help you create a plan that minimizes your estate tax liability, ensuring that your assets are preserved for your loved ones.
In addition to Wills & Trusts, our attorney can also assist with other estate planning tools, such as powers of attorney and healthcare directives. These documents allow you to appoint someone to make financial and healthcare decisions on your behalf if you become incapacitated.

The Help You Need

At Barrus and Roberts PC, we are committed to providing our clients with personalized legal advice and guidance for their estate planning needs. Our attorney have the experience and knowledge necessary to help you create a plan that meets your needs and ensures that your assets are protected for the future. If you are looking for a Wills & Trusts attorney in Clovis, California, look no further than Barrus and Roberts PC. We are here to assist you with all aspects of estate planning, from drafting a Will to creating a Living Trust. Contact us at 559-431-6800 or use our online contact form to schedule a consultation and let us help you protect your assets for the future.

Barrus and Roberts PC serves the greater Fresno, CA area, including Madera, Kings, and Tulare counties.

Frequently Asked Questions

A will directs how your property is distributed but only takes effect through probate, meaning the Fresno County Superior Court supervises the process publicly. A revocable living trust holds your assets during your lifetime and lets your successor trustee distribute them privately after death, with no court involvement. Most California plans use both together. 

No. This is the most common misunderstanding in estate planning. A will must be admitted to probate before assets are distributed, which is why California homeowners who want to avoid court use a funded revocable living trust and keep the will as a backup document. 

Under Probate Code Section 6110, a typed will must be in writing, signed by the person making it, and witnessed by two people who are present at the same time and who sign the document. California also recognizes a holographic will under Section 6111 if the signature and all material provisions are in the testator’s own handwriting, though handwritten wills invite disputes and are best avoided. 

A pour-over will works alongside your living trust. It names guardians for minor children, which a trust cannot do, and it directs any asset you never transferred into the trust to pour over into it at death, so nothing is left unprotected by an oversight. 

A trust only controls the assets actually titled in its name. A signed but unfunded trust, where the home was never deeded into it, still sends the estate through probate. Greg Roberts prepares and records the deed transfer and helps retitle accounts so the trust does the job it was created to do. 

Yes. A revocable living trust can be amended or revoked at any time while you have capacity, which is why it suits most families. Irrevocable trusts generally cannot be changed once established and are used for specific tax or asset-protection purposes.