Should I Setup A Will and/or Trust
I'm here with attorney Brandon Roesler. We are here to talk a little bit about estate planning and the importance in seeing a lawyer to make sure that your property is distributed upon your death the way you want it to be.
Why should someone see a lawyer to setup a will or trust?
If you don't have a will or trust that you means you die in testate. To die in testate your property will be distributed through the courts. They will decide how your property is distributed.
If I die without an estate plan, is it going to be the courts or the government that decides where my money goes?
Yes, some of your property if you're married will be considered community property and part of it will go to your spouse. Other aspects to your property will not go to your spouse, and the court will appoint an administrator and through a probate process will decide how your property is distributed. This is also very costly. It takes a year, two years, or even longer to go through the courts.
If I do setup an estate plan properly at Falangetti, what will the process be like?
You are looking at getting a trust and a will. A trust has more protection and will be faster because you will distribute the property through a trustee and you do not have to go through the probate process. Also, we will actually setup a will for you as well because although it doesn't happen a lot, a trust can be invalidated and without a will, you can die in testate.
Come in and contact our office and we will make sure your assets are properly distributed.
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