-According to the 2022 Court Statistics Report Statewide Caseload Trends report from the California Judicial Council, over 40,000 probate cases were filed in California for 2020-2021. The number of cases emphasizes the importance of creating a living trust and We Help You Legal, the San Luis Obispo legal documentation assistance service, offers a downloadable living trust packet to assist with setting up a living trust.
Probate cases are filed when someone dies intestate, that’s the legal term for dying without a will and a trust. A will alone is not always enough to keep an estate out of probate court. Any estate in California that is valued at more than $184,500 is subject to probate court proceedings when there is no trust.
It doesn’t take much to reach the $184,500 threshold. People who think they are too young for a will and a trust, or anyone who thinks they really don’t own much of value, are surprised to discover they really do have an estate, and that’s it’s worth more than they imagined.
What’s the difference between a will and a living trust?
- A will is a legal document that specifies how to distribute assets after death. It can also include other matters such as appointing guardians for minor children or how to care for pets. A will can be challenged by disgruntled relatives who feel they are not getting their share and by creditors. Even a will for an estate that is valued for less than the probate threshold can be tied up in lawsuits. There is no guarantee that any legal proceeding, including probate, is going to honor the wishes set out in the will.
- A trust is a legal entity with distinct rights wherein the trustee has the rights to hold and manage assets according to the wishes of the trustor (the person who establishes the trust). A living trust, also known as a revocable trust, can be changed or revoked any time the trustor is alive and mentally capable.
The process for setting up a living trust does not have to be complex and expensive, but it must be thorough. We Help You Legal has created a downloadable living trust packet to help anyone interested in setting up their living trust in San Luis Obispo county or anywhere else in California.
The packet includes:
- A questionnaire to help organize the assets and other matters to be held in trust.
- A health care directive questionnaire.
- Appropriate powers of attorney questionnaires.
To download the packet, visit the Services page of the We Help You Legal website.
If the process of creating a trust and making sure everything is included and recorded correctly seems overwhelming. We Help You Legal can assist. The Legal Document Assistants are licensed and bonded with the State of California and specialize in assisting with a variety of legal documents.
The company has been serving California’s Central Coast communities since 2001, with affordable and quality assisted legal document services for divorce, custody, guardianship, adoption, corporation/LLC, deeds, landlord/tenant matters, living trusts for San Luis Obispo and beyond, and more.
We Help You legal is a “self-help” legal document assistance company that provides document preparation without the high cost of an attorney. We Help You Legal, Inc. is not a law firm. We cannot represent you in court, advise you about your legal rights or the law, or select forms for you.
We Help You Legal, Inc.
3594 Broad St #100
San Luis Obispo, CA 93401