Living Trust California - No Excising Allowed
December 16, 2004
By Kathy Curtis
Every state has its own laws about when not to extract
burdensome taxes from the worth of the asset upon
the owner's passing. This situation can get very tricky
come the passing of the asset owner. Around 8% taxation
or probate can take place if the owner isn't wise.
Exercising the right to form a document that protects
the owner's assets upon his passing is especially
sensible in the Sunshine State. It is the nature of
a living trust California-style to protect
against probates upon the grantor's passing.
What Good Is Pumping Iron When The Bar Has No Weights?
As a resident of the state, the living owner would be very wise
to complete a living trust in California. The creator of the trust,
a grantor, is usually the owner. The grantor then selects an executioner
upon his passing - usually a financial institution or benefactor.
The grantor can also be the trustee, who transfers documents into
the trust's behalf. If the trustee is no longer to handle his affairs,
a designated back up trustee or benefactor takes over this role.
Benefactors are usually the grantor's family who receive the trusted
assets. If the trustee slips on the responsibility to transfer titles
and such into the trust, the trust is almost worthless.
Without assets in the trust's behalf, the trust cannot protect
those assets from probate upon the grantor's passing. In California,
living trusts and the trusted assets are completely protected from
If a grantor become incapacitated, the living trust can provide
for whatever care the grantor lists and pay for the care however
the grantor identifies. The grantor identifies a conservator who
is permitted to carry out the grantor's documented wishes.
Seniors should be careful not to fall for living trust mills that
come to centers to preach about the importance of having a trust
and push these documents upon the uninformed senior. Many of these
mills' documents in the trust packet are not compliable with California
law. Consult the state's laws before filling out the forms.