Frequently Asked Questions

A Trust is an arrangement where one person or a group of people manage property for the benefit of another person or group of people. The people that manage the Trust are the Trustees while the people that benefit from the property are the Beneficiaries.

Think of a Trust as a treasure chest where you can place anything from personal property (jewelry, clothing, cars) to money/bank accounts to real estate. You create the treasure chest (the Trust) and then fund it with your assets.

When a person dies, their estate may need to go through probate to transfer ownership to their heirs. This process can be costly and time-consuming.

Since a Trust never "dies," probate can be avoided entirely. Property in the Trust is simply transferred according to its terms, saving your family the costs and hassle associated with probate court.

An AB Trust provides "remarriage protection." When one spouse passes away, the original Trust splits into two separate Trusts:

The B Trust holds the deceased spouse's portion in an irrevocable Trust that cares for the surviving spouse during their lifetime. The A Trust remains the survivor's portion. Once the surviving spouse passes, the B Trust distributes according to the first spouse's wishes.

A special needs Trust is designed for beneficiaries with permanent disabilities who need lifelong care, or who receive state aid that would end if they received a direct inheritance.

This type of Trust requires a Trust Protector—an independent individual who is a non-beneficiary, non-relative, and non-employee—to ensure the beneficiary is properly cared for.

For special needs or dynasty Trusts, a Trust Protector provides accountability for the Trustee(s) and serves as a neutral party to ensure beneficiaries are properly cared for.

A Power of Attorney is a legally binding document that allows someone you trust to make financial decisions on your behalf when you can no longer do so yourself.

Without a durable Power of Attorney, if you become incapacitated, a judge will choose someone to make financial decisions for you. This person may not be who you would have chosen.

Creating a Power of Attorney ensures the person you trust is making these important decisions on your behalf.

An Advance Health Care Directive allows you to document your wishes about medical care if you become terminally ill or permanently unconscious. You can also designate someone to make healthcare decisions for you when you're unable to.

You can create a valid Advance Health Care Directive if you are at least 18 years of age and of sound mind.

Without an Advance Health Care Directive, someone else will make healthcare decisions for you if you become incapacitated—and those decisions may not align with your wishes.

Creating this document ensures your sensitive, personal healthcare decisions are made the way you want, by the people you choose.

After registering, you'll complete our guided questionnaire. Once finished, you'll check out and pay for your documents.

Review your documents to ensure all information is accurate. You have 30 days from when documents are available to request any changes.

If no changes are needed, finalize your documents by notarizing and signing them according to the instructions provided with each document.

We include this information in your Trust for record-keeping purposes. This makes it easy for your successor Trustees to know where to collect funds from retirement or insurance accounts when needed.

A retirement account is a tax-advantaged account designed to help you save for retirement, such as a 401(k), IRA, or pension plan.

If you have a retirement account, the financial institution where you created the account will have all the pertinent information, including the type of account and its current value.

Have your Trust signed and notarized in the appropriate sections according to the instructions provided with your document.

Have your Will signed by two independent witnesses (non-relative, non-beneficiary, non-employee) at the same time and place as you sign, following the instructions provided.

You can have your Power of Attorney notarized or signed by witnesses according to the instructions provided with your document.

You can have your Advance Health Care Directive notarized or signed by witnesses according to the instructions provided with your document.

Funding your Trust means transferring ownership of your property to the Trust. Think of it as filling your treasure chest with the items you want protected.

Sign and notarize the "Assignment of Property" document included in your Trust to transfer personal property without legal title (furniture, clothing, jewelry, etc.).

List the item on the appropriate Schedule in your Trust, then go through the appropriate agency (such as the DMV) to transfer the title to reflect your Trust's ownership.

Contact your financial institution and inform them you wish to transfer ownership of the bank account to your Trust.

File a Transfer Deed with the county recorder's office in the county where the property is located. For out-of-state property, you can file directly or have an attorney in that state handle the transfer.