Documents included in Living Trust
- The Declaration of Trust is the document where you, the Settlor of the Trust, give instructions on what you want to happen to your estate - both during your lifetime and after your death. Your assets are transferred into the Trust during your life, thus allowing the avoidance of probate and a conservatorship. During your lifetime you, as Settlor and Trustee, have full and complete control over everything in the Trust.
Pour Over Will
- Your Will is primarily a backup to the Trust - it does not avoid probate. Accordingly, you should be sure to transfer your assets to the Trust while you are living. A Will simply adds to the Trust any assets inadvertently left out.
Durable Power of Attorney
- A Durable Power of Attorney gives another person the ability to manage non-trust assets in the event of your incapacity. The document is a backup to the Trust and generally springs into effect when an incapacity prevents you from taking care of your own financial affairs.
Advance Health Care Directive
- The advance health care directive allows you to name a "health care agent" to make health care decisions for you in the event you are unable to do so for yourself. The document also gives directions to your agent with respect to artificial life support and other health care decisions. You should be sure to discuss these issues with your health care agent.
Listing of Assets Transferred to Trust Estate
- Various forms you complete showing your intent to transfer assets to your trust estate. These include address and assessors parcel number of Real Estate, bank accounts, CD's, Investment accounts, etc.
Gifts of Personal Effects
- The Trust provides that the Settlor may leave written instructions for making specific gifts of personal effects. Blank forms are provided for that purpose.
Asset Transfer Instructions
- This part contains instructions and information for funding the trust - transferring your assets to your Trust.
Preparation of One California Real Estate Trust Transfer Deed
- A Trust Transfer Deed, or "Quitclaim Deed," is used to transfer ownership of your real property to the Trust. A typical granting clause is "John Smith and Mary Smith, Husband and Wife, hereby remise, release, and quitclaim to John Smith and Mary Smith, Trustees of the Smith Family Trust Dated August 30, 2019." A Preliminary Change of Ownership (PCOR) form is also prepared to prevent an increase in property taxes due to the change of ownership.
Law Office of David Sarazen
38180 Del Webb Blvd, PMB 83
Palm Desert, CA 92211
Phone: (310) 972-0241
FAX: (310) 317-7811
Attorney at Law, California State Bar, License No. 242721
Real Estate Broker, CA DRE License No. 01116886