What Are the Benefits of Having a Will or Trust?

Temmerman, Cilley & Kohlmann Are Your San Jose Trust Lawyers

You spend the majority of your life trying to do what is best for your family. The same thoughtfulness and effort apply when you are planning for what happens when you are no longer able to care for your family. Unfortunately, court fees can eat into an estate, depriving your family and other loved ones of the benefits you wished them to receive. However, a comprehensive estate plan, including a thorough will and carefully constructed trust, can decrease probate costs by simplifying the probate process and can ensure that your property is used according to your wishes.

At Temmerman, Cilley & Kohlmann, LLP, our board-certified estate and trust lawyers in San Jose or Danville construct comprehensive and thorough estate plans for our clients, including trusts and advance health care directives. We use our experience to minimize the emotional and financial burden of probate for the families and loved ones of our clients all throughout California. Our goal is to make the estate process as easy and effective as possible for you and eventually for your loved ones.

Why Is It Important to Have a Will in California?

Having a will and trust lawyer in San Jose or Danville draft a comprehensive will allows you to determine in advance who receives your property upon your death. This enables you to distribute your property to family members, friends, charitable causes, educational institutions, or any other persons or organizations according to your wishes. Preparing this decision ahead of time not only ensures that your intentions are clear, but this also alleviates any additional responsibilities or stressors to your loved ones after your passing. Wills vary in complexity and detail, but each one is different and fulfills a different role in your family.

The property of individuals who die without a valid will is distributed to their families according to the provisions of the California Probate Code. The Probate Code stipulates only the amounts and percentages of the estate that certain family members should receive, so there can be strife as family members squabble over particular items. This uncertainty can also necessitate more in-depth supervision by the probate court and, therefore, higher probate costs. A qualified trust attorney can help you avoid these problems through advance planning.

Why Should I Establish a Trust in California?

In addition to a will, trusts can be an important part of a comprehensive estate plan. Trusts allow you to designate a reliable person or business to act as a trustee. That trustee continues to responsibly manage the contents of the trust according to your guidelines for the long term. This can be a perfect solution when bequeathing or gifting property to minor children, incapacitated or elderly adults, or any other person who is unable to handle money responsibly. A trust also allows you to provide your family or loved ones with a steady source of income as opposed to a lump sum of money.

In addition to testamentary trusts that are created by wills, living trusts can also be used to provide care for loved ones or to gift property to family members while still maintaining some control over that property. Without a trust, your estate may be used and spent in ways that were not intended. There have also been instances where an estate has been manipulated and essentially stolen due to structures or overlooked situations that were not protected against prior to passing.

When you have spent a lifetime building your estate and your assets, you want to ensure that there is a system to responsibly continue your investments even after your time. In the same way that you spent time and resources to save money to develop your assets, you should also take time and carefully plan the distribution of your assets. A San Jose living trust attorney can construct a trust that best serves your goals.

Experienced San Jose Trust Lawyers Can Help You Provide For Your Loved Ones

The experienced attorneys of Temmerman, Cilley & Kohlmann, LLP specialize in creating comprehensive estate plans for our clients throughout Northern California. Our San Jose or Danville estate planning attorneys are available to consult with clients at our offices — located at 2502 Stevens Creek Boulevard, San Jose, CA 95128 and 140 Town and Country Drive, Suite A, Danville, CA 94526 — or at any other convenient location.

Call our San Jose office at 408-998-9500, our Danville office at 408-998-9500 or contact Temmerman, Cilley & Kohlmann, LLP online today.