A Last Will and Testament is a concise planning tool which includes instructions as to the distribution of your estate. While circumstances and answers vary, typically if a person dies with only a Will in place, their family will need to lodge the Will with the Probate Court and begin a Probate proceeding. This often means hiring an attorney, waiting weeks or months for the earliest court date available to begin the process, and asking the court’s permission publicly to validate and honor the Will. While ushering a will through the probate process, attorney and executor fees add up, and must be paid out of the estate funds- money that surely you would rather be distributed to your beneficiaries rather than spent on probate fees. So the short answer is that with a Will the probate process and/or attending court hearings is not avoided.

A Living Trust is a lengthier, inclusive set of detailed plans that you make now, which includes instructions as to the distribution of your estate and also addresses many questions and circumstances that may arise during the process. You, as creator of the trust are the initial Trustee (person in charge) during your lifetime. You have the power and right to make any changes to your plan, buy/sell and re-title property into the name of your trust, amend or revoke the trust. You retain control of all of your assets and choices, though they are titled in the name of your trust. In the trust document you will name a person or list of persons whom you trust to carry out your plan as Successor Trustee after your death. That person, unlike you, cannot make changes but can only carry out your wishes.

During a Free Initial Consultation we will meet to discuss what planning mechanism would be best for your unique situation. There is no need to gather documents for the initial consultation, rather it is just a time for questions and answers to assess your current status, what assets you hold, and how best to distribute them after you are gone.

It is not uncommon for clients to have an old will or trust in place that was created long ago. Sometimes clients wish to make amendments to their choice of Successor Trustee, or changes to who will inherit their belongings. An older trust may have outdated unnecessary clauses or plans for minors who have since become adults. Other times clients wish to make a Restated Amendment to their trust, where they want to throw out the old terms completely and start over with all new choices. Angelina Singer is able to assess what you currently have in place and the best means to get your plans up to date to reflect your current wishes.

If you would like to make a change to your plan, Angelina Singer can help you draft amendments or revise your entire plan. If you currently only have a Will in place, we can work together to update or enhance your estate plan to be more thorough and cost-effective for you.

Generally after the Free Initial Consultation, if you choose to set up a living trust it can be completed in two, 1-hour-long meetings. This can be scheduled within the same week, or stretched out if you require more time to make decisions for your choices regarding agents, distribution, or guardians for young children. Angelina Singer will work with you at your pace, whether you need to have a plan in place ASAP or would like to take your time and approach the process more slowly.

Science has proven that death of every human is inevitable. You are no different, and the items you have accumulated during your lifetime will need to go somewhere. Leaving no plan in place puts the burden on your loved ones to figure out what to do with your belongings. This often leads to disagreements, unnecessary stress and turmoil during their period of grieving the loss of your life.

Drafting a distributation plan for your assets can be tailored to your unique wishes. You can leave assets in a structured trust for grangchildren or other beneficiaries whom are minors, and decide an appropriate age for them to have the funds.

Homes valued over $150,000 will need a plan in place to avoid probate. This valuation is based on appraisal, not on your loan balance or equity. Whether you are gifting your home to a beneficiary or planning on selling and liquidating your house, even modest estates benefit from a simple probate avoidance trust.