Wills & Trusts
Through the creation of a will or trust, you can get the ultimate protection that the law affords for your family and loved ones. With a trust, you can feel confident that your wealth, values, and exact wishes will be carried out effectively, swiftly, and according to your desires. Trusts also provide the flexibility to control and distribute your wealth after death so you can leave a legacy the way you've always imagined.
Creating a will or trust can also aid in keeping things private for you and your family. Subject to governing law, when your family or other beneficiaries are ready, trust distribution can commence — not in the public eye — but in the comfort of your home or in my office. Trusts allow for the reservation of privacy that all desire at a time of estate transference.
Asset Transfer Assistance & Healthcare Directives
A trust is only as effective as the titles of property it holds. That's why at Clavel Law, I give you unlimited assistance in transferring titles to your newly formed trusts so they are fully protected for your life and beyond. If you want to pass this task to my firm, take a look at my Premier Trust Plan to learn more about the benefits of asset transfer assistance.
Establishing healthcare directives through a power of attorney is another crucial element of estate planning. These invaluable documents will lay out precisely what you want in case of some form of medical incapacity. Whether it's directing your personal medical treatment preferences or allowing someone you have chosen to act in your place when you are unable — you will be adequately covered in the event of your incapacity.
Forming a Special Needs Trust
If you intend to leave money or property to a loved one with a disability, you must carefully craft a plan that can be executed to your exact wishes. Otherwise, your child's Supplemental Security Income (SSI) and Medicaid benefits could be threatened and may become ineligible. By setting up a special needs trust as part of your estate plan, you can avoid these problems and ensure your child is properly taken care of.
Owning a house, a car, furnishings, and normal personal effects will almost certainly affect eligibility for SSI or Medicaid, as well as other assets, including cash in the bank. For instance, if you leave your special needs child $15,000 in cash, that gift could disqualify your loved one from receiving SSI or Medicaid. A well-intentioned gift can pull the rug out from under your loved one by disqualifying them from the government assistance they rely on.
At Clavel Law, my mission is to help you navigate around many of these issues by creating what's called a Special Needs or Supplemental Needs Trust. By doing so, you can transfer any cash or assets into a Special Needs Trust instead of leaving property directly to your loved one.
Appointing a Trustee
A crucial part of the process involves selecting someone to serve as a trustee, who will have complete discretion over the use of trust property. This person will be in charge of using the money or distributing assets on your loved one's behalf. Because your child will have no control or ownership over the money or assets, SSI or Medicaid administrators will not take into account the "trust property" for the purposes of program eligibility. The trust will terminate when it is no longer needed — commonly, at the beneficiary's death or when the trust funds have been exhausted.
If you or someone you know is looking to set up a will or trust, reach out to my office today to set up a simple consultation. We can discuss your situation and all of the options you have available. Call today.
WILLS & TRUST ATTORNEY SERVING CHINO HILLS & SAN DIEGO, CALIFORNIA
Setting up a will or living trust can sometimes be complicated, but it doesn’t have to be. Having an experienced estate planning attorney at your side can simplify the process and help you make smart decisions for your future. At Clavel Law, I work with clients to help them protect their assets and provide a secure financial future for their family. Call today for help.