Wills and Trusts
A will or trust forms the foundation of any sound estate plan. NewPoint Law Group's Roseville estate planning attorneys help you draft legally enforceable wills and living trusts that clearly direct how your assets will be managed and distributed, protecting your family and minimizing the risk of probate court delays.
Wills and Trusts | Estate Planning Attorneys in Roseville, CA
What Is a Will?
A will formally known as a last will and testament is a legal document that expresses your wishes for the distribution of your property and the care of any minor children after your death. Without a valid will, California's intestate succession laws determine who inherits your assets, which may not reflect your intentions.
California law requires a will to be signed by the testator and witnessed by at least two competent adults who are not beneficiaries. It is worth noting that certain assets real estate held in joint tenancy, accounts with pay-on-death designations, and retirement accounts with named beneficiaries pass outside a will regardless. A well-rounded estate plan accounts for how each asset will transfer.
What Is a Trust?
A trust is a legal arrangement in which you (the grantor) transfer ownership of assets to a trustee to manage on behalf of your chosen beneficiaries. Trusts can take effect during your lifetime (living trusts) or upon your death (testamentary trusts). In California estate planning, the revocable living trust is the most commonly used vehicle.
Benefits of a Revocable Living Trust in California
Avoids probate, saving your family significant time and cost
Keeps your financial affairs private unlike probate, trusts are not public record
Provides for seamless management of your assets if you become incapacitated
Allows you to retain full control of your assets during your lifetime
Enables faster, more flexible distribution to beneficiaries after your passing
Wills vs. Trusts: Which Do You Need?
Many clients benefit from having both a will and a trust working together. A "pour-over will" ensures that any assets not transferred into your trust during your lifetime are captured by the trust at death. Our attorneys will help you evaluate your assets, family situation, and goals to determine the right structure.
A Complete Estate Planning Package
While we assist clients who need individual documents, our practice centers on comprehensive estate plans. A full package typically includes a revocable living trust, pour-over will, durable power of attorney for finances, advance health care directive, and HIPAA authorization forms. Each document serves a specific function; together they give you and your family a complete, coordinated plan.