Differences between Wills & Trusts in California

When you are investigating the differences between wills and trusts in California, you should focus on the results of each.    Similar in both, are the instructions of a decedent as to how to distribute his or her assets after death.   However, a trust also works during life, and while a person may become incapacitated.

A will must go through probate if the decedent’s probate assets exceed $150,000, and where no alternatives to probate were chosen. Alternatives to probate may be: Beneficiary Designations and assets which pass by contract, or pass through a living trust.

Choosing the right executor and trustee can be difficult when there are significant family disputes among children.   Discussing your wills with an attorney who has handled will contests as well as trust lawsuits, can help you formulate a plan, and in selecting an executor.

Wills are generally easy to contest.  California has very simple laws regarding allowing a person to contest a will.  Some of the common grounds for will contests are lack of capacity, undue influence, fraud and mistake.   To learn more about wills, contact our Will Attorney, Mina Sirkin at 818.340.4479.  We probate wills in Woodland Hills and Los Angeles. Our wills attorney can advise you about wills in offices in Los Angeles, Glendale and Woodland Hills Ca.

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