Helping Clients Protect Their Assets for the Future

One of our clients’ primary concerns is ensuring their assets are protected while they’re alive so they can leave a legacy of wealth and generosity for future generations. Trusts are among the most powerful estate planning documents to accomplish this. With a trust, you get asset protection that can minimize how much access the government and creditors have to your wealth. You can also specify how you want to leave an inheritance for each specific beneficiary, offering a great deal of flexibility in your estate plan.

Trusts offer many benefits and advantages but can be complicated to create. Moreover, if you choose the wrong type of trust, you could bind up your assets in a way you did not intend. Failing to follow legal protocols when creating your trust can also open up your estate to trust litigation that robs the future generation of the inheritance you wanted to leave for them.

With so much at stake, you need the help of an experienced lawyer who understands California law and can help guide your decisions regarding the use of trusts in your estate plan. Our trust attorneys have over seven decades of experience helping clients create unique estate plans that meet their families’ needs, including using trusts. We can help you decide whether a trust is right for you and craft a legally valid document that matches your goals. Call 559-545-0383 immediately to schedule a free consultation with our talented legal team.

What Is a Trust?

A trust is a document that many individuals use to manage their finances while alive and after they pass away. The trust is the literal owner of your assets, meaning you can find tax advantages and protection from creditors and lawsuits. When you die, your money, funds, real estate, and other valuables will be passed on as you indicate in the trust document. This may include distributing assets a little at a time over the beneficiaries’ lifetimes, leaving money for friends or pets, or leaving a legacy of goodness through charitable donations.

Trusts are set up by first deciding which assets to allocate to the trust fund and naming a trustee. The trustee makes decisions regarding the trust assets and oversees the distribution of the fund to your named beneficiaries. Trustees must be individuals of high character since so much depends on this fiduciary duty. In certain trusts, you may name yourself as the trustee.

Contact the knowledgeable legal team at Tomassian, Pimentel & Shapazian for more information about trusts and how this form of estate planning can benefit you.

What Are the Duties of a Trustee?

The trustee has a fiduciary duty, meaning they should act for the benefit of the beneficiaries when handling and distributing funds. The grantor, or person who created the trust, may name a close friend, spouse, child, or anyone they choose as the trustee. Trustees should study their duties to ensure every legal step is completed effectively.

Some of the duties that a trustee performs include:

• Inventory the trust assets
• Execute the trust according to the grantor’s wishes
• Oversee distribution of assets to creditors
• Handle the taxes for the trust
• Resolve conflicts between beneficiaries
• Make decisions regarding trust assets that protect the trust funds and treat each beneficiary fairly

If you have been chosen as a trustee or need help choosing a trustee for your trust, please call us. We can explain your rights and duties and help you navigate this complex process. With our vast experience, honesty, and dedication, you can trust our lawyers to help with trust creation, distribution, and litigation.

What Kinds of Trusts Can I Choose From?

One of the primary benefits of including a trust in your estate plan is the ability to customize the trust to your needs. There are many kinds of trust to choose from, which can seem complicated and overwhelming. With the help of knowledgeable attorneys, you can select the right trust and protect your assets while preparing for the future.

Some of the common trusts we use for our clients are:

• Living trusts – Living trusts provide tax benefits and other protections and allow the grantor to use the trust funds during their lifetime
• Charitable trusts – Charitable trusts involve donating a large sum or a steady stream of income to the charity of choice
• Revocable trusts – Revocable trusts are easily changed and revoked according to the needs of the trust creator
• Spendthrift trusts – A spendthrift trust allows the grantor to distribute assets slowly over time to beneficiaries, protecting the funds from a beneficiary who might otherwise use up their inheritance too quickly
• Irrevocable trusts – Irrevocable trusts are complicated to change or revoke once created. However, they offer some of the highest protection and tax advantages
• Special needs trusts – A special needs trust provides for a loved one with special needs without interfering with their eligibility for government programs

Call Tomassian, Pimentel & Shapazian for more information about these and other trusts that could benefit your family.

Why Would Someone Contest a Will or Trust?

Often, a beneficiary will challenge a will or a trust to benefit multiple beneficiaries, heirs, and family members. For example, a will or a trust may be changed to benefit one beneficiary at the expense of the others. At Tomassian, Pimentel & Shapazian, our attorneys work with heirs to resolve will and trust contests swiftly and effectively, often to benefit multiple parties.

A contest is an attempt to invalidate a will or a trust on specific legal grounds. This process can be complicated and may drain the estate of valuable resources. Family members and other beneficiaries with doubts about the validity of a will or trust should hire skilled legal representatives to resolve the matter quickly and efficiently. To learn more about contesting a will or a trust or to begin legal action, speak promptly to a Fresno will and trust attorney at Tomassian, Pimentel & Shapazian.

If you believe there was undue influence or fraud in the revision or creation of a will or a trust, you may worry about the fairness of the estate administration. The good news is that you can contest that will or trust in court to obtain your inheritance. But you shouldn’t go through this complex process alone. Contact our skilled legal team with questions or concerns regarding a loved one’s will or trust.

When Can a Will or a Trust Be Contested?

Wills and trusts are contested for many reasons. Undue influence and lack of mental competence are the most common reasons why wills and trusts are contested. Please remember that there may be a limited time frame in which you can contest a deceased person’s estate plan document. Act quickly and find an experienced lawyer who can help you resolve this matter without draining critical estate funds.

The following are some examples of circumstances where challenging a will or a trust may be appropriate:

• When you think that the person who established the will or trust was coerced or unduly pressured into creating it or making changes to it – Your attorney will seek to determine if the person was coerced or unduly influenced.
• When you think the person who established the will or trust wasn’t mentally competent when the document was signed – Your lawyer will seek to determine if the person was aware of what he or she was doing or was suffering from a condition like dementia.
• Someone who helped establish the will or trust may benefit from it – If there are questions about how the document was witnessed or signed, your lawyer will investigate its legality. The law in California spells out requirements for the signing of wills and trusts.

If you need help contesting a will or starting the litigation process, contact our trust litigation team immediately. We represent clients in various situations regarding contested trusts and wills. We are prepared to help with your estate administration and probate needs, so call today!

Are Witnesses Required When Wills and Trusts Are Signed?

Under California law, wills must be created under specific circumstances to hold up in a court of law. Wills in California usually need to be signed by two disinterested witnesses, except for “holographic” wills, unless there is “clear and convincing” evidence that the person who signed the document intended it as their last will and testament. The signing must also occur on the same day and under the supervision of two eligible witnesses.

In California, signing a trust document does not need to be witnessed. However, trusts and their amendments are typically notarized, although notarization is not legally required. For help creating a valid will or trust in Fresno County or to pursue legal action for a loved one’s estate plan that is not legally valid, reach out to our estate planning lawyers immediately.

What Should You Know Before You Take Legal Action?

If you contest a trust by alleging lack of mental capacity, fraud, duress, or undue influence, but you have no probable cause for that claim by challenging the trust, you may forfeit any right to benefits from the trust if it includes a no-contest provision.

However, if you were entirely cut out of the trust, the no-contest provision does not apply to you, and you may take legal action if you and your attorney can show probable cause.

If you are considering legal action, it is important to read and understand the terms of the will or trust that you are challenging and to discuss your case with a California will and trust attorney as early as possible.

What Is the Deadline for Contesting a Will?

Until a court admits it for probate, a will document is not “legally” a last will and testament. In California, you will have two opportunities to contest a will.

If you are notified of a petition for probate on the will, you can appear at the initial hearing with your attorney, and you may be able to prevent the will’s admission to probate. The court will then allow you to file a written objection stating your grounds for contesting the will’s validity.

Alternatively, after the will is admitted for probate, you have 120 days to request the court to rescind its order admitting the will for probate. You and your attorney must submit a written objection stating your grounds for disputing the will.

What Is the Deadline for Contesting a Trust?

If you receive a Notice of Irrevocability or Notice of Trust Administration from the trustee, California law gives you 120 days from the day that notice is mailed to begin legal action to contest the trust.

If no copy of the trust document accompanies that notice, you should request a copy. If no copy is provided, you still have only 120 days. If a copy is provided to you within 120 days, then you have an additional 60 days from the date the copy is mailed to you to initiate legal action.

Should You Hire Our Trust Attorney in Fresno?

Our legal team is ready to help you no matter what estate planning stage you’re in. We can assist you in crafting the perfect trust or advise you as a trustee. The California will and trust attorneys at Tomassian, Pimentel & Shapazian can determine if you have legal grounds for challenging a will or a trust and can advise you regarding the best way to proceed with your challenge.

We represent clients in the Fresno area and across California in all matters related to wills, trusts, probate, and estate planning. Call Tomassian, Pimentel & Shapazian promptly at (559) 545-0383 or contact us online to schedule a free initial consultation with a Fresno will and trust attorney.