Legal Assistance to Set Up a Trust in Southern California
Friendly law firm ready to provide top-notch legal services
Whether you are seeking to create a trust, need advice about whether you need one, or need to challenge a trust, you want attorneys who are experienced in this area of law and familiar with trusts. The Keller Law Firm is ready to be your family’s law firm as you plan for the future.
What is included in a California trust?
There are four important elements for a trust to be valid in California:
- There must be an intention to create a trust
- There must be property in the trust
- The trust must have a reason or purpose
- The trust must have a beneficiary
A revocable trust is one that can be changed and effected by the trust-maker. An irrevocable trust cannot be changed or altered once it is created. The Keller Law Firm is prepared to create a trust that carries out your intentions and is also able to administer trusts.
How do I challenge a trust?
You should never challenge a trust without first talking to an attorney because you may lose your right to receive property from the trust. There are many reasons to challenge a trust:
- The person creating the trust was not competent to create it
- The person creating the trust was pressured or under fraud or duress when creating it
- The person who helped the creator of the trust draft it stands to benefit from it.
Trust litigation can take many months. A trust may be part of your complete estate planning package, along with your will and other documents. Our attorneys can advise you as to whether a trust is suitable in your situation.
What is a special needs trust?
A special needs trust is set up for a child (minor or adult) with special mental or health needs. The trust is established to provide funds for the child’s care after the parents have passed. A trust is necessary so that a trustee can control the funds and manage them. A special needs trust will maintain a beneficiary’s right to:
- Supplemental Social Security Income payments
- Medi-Cal (Medicaid) benefits
The trust assets are not counted against the child for the purposes of these programs because he/she does not own them. It is essential that you consult with an attorney about establishing this trust since there are special provisions that can prevent you from having to pay the government back for the money from these programs, should the special needs child pass away. The Keller Law Firm helps you protect your special needs child.
Talk to Manhattan Beach lawyers about trusts today
The lawyers at The Keller Law Firm are dedicated to caring for families and want to help your family plan for the future. Contact our office 310-545-1897 to set up a consultation or use our online contact form.
