Selecting the wrong trustee is easily the biggest blunder parents can make when setting up a trust fund. As estate planning attorneys, we've seen first-hand how this critical error undermines so many parents' good intentions.
While many individuals have tried their hand at setting up a DIY living trust, creating a living trust is not a simple process, and if improperly set up, it could have disastrous results, which is why you need an attorney.
How to create a living trust in California Take stock of your assets. Choose a trustee. Choose your beneficiaries. Draw up your Declaration of Trust. Consider signing your trust document in front of a notary public. Transfer your property to the trust.
A living trust is one of the most important documents that you'll create, therefore, it's important that you work with attorneys that specialize and are experienced in estate planning.
Although organizations don't need to file these bylaws with the state, California law requires that the treasurer or other designated member of the organization maintains a copy on file.
Creating a living trust in California is not difficult, but it takes some planning. You might find it helpful to work with a financial advisor or another professional when drafting up your living trust. However, you can also download the forms online and draft the document yourself.
California has specific laws and regulations for trusts, and if your trust doesn't comply, it could be deemed invalid. A lawyer can help you ensure that the trust meets all California requirements, minimizing the risk of legal challenges and complications in the future.
Here are the top four common complaints regarding trusts. Paperwork Overload. Establishing and maintaining a living trust often involves a substantial amount of paperwork. Record Keeping Challenges. Maintaining accurate records is crucial for the success of a living trust. Transfer Taxes and Refinancing. Creditor Concerns.
Under California law, a trust may be created for any purpose that is not illegal or against public policy. A trust created for an indefinite or general purpose is not invalid for that reason if it can be determined with reasonable certainty that a particular use of the trust property comes within that purpose.
The trustee is the person (or people) who holds legal title to the property that is in the trust. The trustee's job is to manage the property in the trust for the benefit of the beneficiaries in the way the settlor has asked.