Will and Trust Legal Services for Families in Carlsbad, CA
Planning Documents That Reflect Your Wishes
We help clients create wills and trusts drafted in accordance with applicable law that reflect their stated wishes and family circumstances. Estate planning documents may help address future administrative issues and clarify intent. We explain available planning options and the legal requirements involved in executing estate planning documents. Our services support the preparation and execution of estate plans based on individual goals and circumstances.
Essential Tools for a Strong Estate Plan
Wills
A will, or “last will and testament,” sets forth instructions regarding the distribution of assets and the nomination of guardians for minor children. If an individual dies without a will, California law governs estate administration, which may not reflect personal preferences.
Trusts
Trusts are legal arrangements that allow a trustee to manage assets for designated beneficiaries. Depending on structure and circumstances, trusts may address probate administration and asset distribution. Revocable and irrevocable trusts serve different purposes and may be appropriate in certain planning situations.
Power of Attorney (POA)
A power of attorney authorizes another individual to act on your behalf in specified financial, legal, or healthcare matters. There are several types of POAs, including general, limited, durable, and springing, each designed for different legal circumstances.
Advanced Health Care Directive
An advance health care directive documents medical preferences and designates an individual to make healthcare decisions if you are unable to communicate. This document may include instructions regarding treatment choices and end-of-life care.
HIPAA Authorization and Waivers
HIPAA authorizations permit designated individuals to access protected medical information, while waivers allow certain parties to communicate with healthcare providers regarding care-related matters.
Legal Strategy & Ongoing Support
Leo Law Office provides estate planning services informed by California and federal law. We assist clients with planning strategies that reflect individual goals and changing circumstances while remaining compliant with applicable legal requirements.
Fiduciary Obligation Assistance
At Leo Law Office, we support executors, trustees, and other fiduciaries with legal guidance regarding their duties and responsibilities under California law. Estate administration may involve paying debts, filing required tax documents, and distributing assets according to governing instruments. We assist fiduciaries in understanding their obligations and navigating estate administration in compliance with applicable legal standards.
fiduciary duties of a trustee under California law
Under California law, a trustee has certain fiduciary responsibilities in administering a trust pursuant to California Probate Code §16000 – 16015. Among those duties are the requirements to:
- Administer the trust solely in the interest of the beneficiaries;
- Refrain from self dealing;
- Take control of and preserve trust property;
- Make trust property productive under the circumstances and in furtherance of the trust; and
- Keep trust property separate and ensure it is designated as such pursuant to the terms of the trust.
Get Organized With a trustee list
Considering the forgoing duties, here’s a trustee list to help in getting organized:
- Gather Documents – locate the full trust document and any related documents such as a will. Verify the named successor trustee(s) to succeed the decedent;
- Provide Notice – Identify the beneficiaries of the trust. Notice of trust administration must be provided as required under California Probate Code §16061.7;
- Gather Assets – A trustee must take affirmative steps to identify assets and where necessary ensure that such assets are titled in the name of the trust;
- Liquidate – a trustee may need to sell certain assets such as real estate;
- Pay Debts – as trustee must pay debts of a trust from its assets;
- File taxes – a trustee is responsible for filing of a decedent’s final tax return, probate estate tax, and the trust’s tax return;
- Account – trustees may be required to provide an accounting to beneficiaries. An accounting is a list of the trust’s assets and liabilities;
- Distribute – a trustee must plan and distribute assets to beneficiaries in accordance with the terms of the trust.
The information above does not constitute legal advice but rather has been provided for informational purposes. Professional legal assistance is recommended. Please don’t hesitate to schedule a consultation to learn more about how we can help.
Beneficiary Rights in Trust and Estate Matters
Beneficiaries are entitled to certain rights under California law, which may include receiving trust documents, accountings, and information regarding administration. We assist beneficiaries in understanding available legal options when disputes or concerns arise during estate or trust administration.
Why Choose Leo Law Office as Your Will and Trust Attorney?
Clients choose Leo Law Office for legal assistance with the preparation and execution of wills and trusts. A will and trust attorney provides guidance regarding estate planning documents and applicable legal requirements. Our will and trust attorney takes time to understand each client’s stated goals and planning considerations. When seeking legal representation for will and trust planning, Leo Law Office offers experienced, compliant, and client-focused services.
Legal Insights & Updates
