When you create an estate plan, you need experienced Torrance wills and trusts lawyers to help you protect your interests and the future of your loved ones.
Our Attorneys Assist Clients in Probate Estate, Wills and Trusts, in Torrance, Serving the Greater Areas of Los Angeles and Orange Counties
At Wickers, Wickers & Admans LLP, we assist clients like you by helping you write your Wills and Trusts to manage your estate for the benefit of you and your potential beneficiaries. Our firm has more than 25 years of collective experience helping families create estate plans throughout South Bay communities. When you work with us to prepare a trust and estate plan, accompanying documents are often included.
You can determine what is necessary for your needs. It is common to prepare a Pour-Over Will with the Trust, a Financial Power of Attorney, and a Health Care Directive to memorialize your wishes in the event of an unexpected injury or a lack of capacity. We want to make sure that your desires are expressed in these documents so that your family is not left to make hard decisions in those difficult times.
We also prepare the accompanying grant deeds to transfer real property into the trust. If you need a trust amendment to modify a beneficiary or other gift, we can help. Additionally, we provide legal support for probate estate matters, including petitions for probate, will or trust contests, trials, appeals, and other general probate matters.
A will is a written document prepared by a person (a “testator”) prior to death. It provides instructions for the distribution of their real and personal property upon their death. A will can also provide instructions as to the care of minor children and pets.
A will outlines other wishes of the deceased, like who is appointed to distribute their assets as the executor of the estate (California Probate Code §88). In order to write a valid will in California, it must be properly witnessed, signed by the testator, and the testator must be at least eighteen years of age (California Probate Code §6110).
Holographic wills are unattested and handwritten wills. In order to create a valid will in California, there are certain formalities required. A Holographic Will under California Probate Code §6111 does not have these requirements but is still considered valid.
To create a holographic will, the signature and material provisions must be in the testator’s handwriting. A date of execution on a Holographic Will may have the effect of validating or invalidating it. While a date of execution on a Holographic Will is not required, it can help the Probate Court determine validity.
“Material provisions” in a Holographic Will refer to the written sections that name the people who receive property from the will or state what property is to be given away.
A “testator” is the person who creates the will and chooses who to give his or her property to through the will upon his or her death.
Holographic Wills can be used as alternatives to the wills that lawyers make, making them less costly. Holographic Wills do not require notarization or witnesses. However, Holographic Wills can cause a variety of issues in Probate Court.
Creating a will when you have minor children is essential to establish guardianship for them. No parent expects to die before their children are adults, but they should still plan for it.
Without a preferred guardian listed in your will, your minor children may be placed into the foster care system or in the care of family members you don’t want them raised by, or they may have to deal with court battles between family members and other loved ones disputing custody.
When you write a will, you can name your preferred guardian for your children, with plans in place if you and your spouse or co-parent were to die. This helps you provide for your children’s care, giving yourself and others in your family peace of mind.
A trust is an agreement that creates a fiduciary relationship between three parties: the Settlor, the Trustee, and the Beneficiary. A trust is generally created through a written document.
The Settlor is the person who creates the trust, which contains instructions for care and/or distribution of assets for the benefit of a specified, intended recipient (the “Beneficiary”). The Trustee is a third party selected by the Settlor to carry out the terms of the trust to the benefit of the Beneficiary. There are multiple types of trusts (California Probate Code §82).
A trust is similar to a will in that they are both written documents which give a third-party instruction on the disposition of real and personal property.
The largest difference between a will and trust is that a will is effective only upon death. A trust can be created to distribute property and attend to affairs upon a person’s death or while a person is alive.
A trust is not generally subject to the probate process, but a will must be submitted to the Probate Courts. Because of this, a will is public record, whereas a trust may remain private. Additionally, the terms of a will provide instructions for the disposition of all property owned by a party, but a person can limit what is included in the terms and distribution of the trust.
Trusts are created during a person’s (or Settlor’s) lifetime to assure that the Settlor’s property and assets are used in the way that they deem most appropriate. Trusts are used to reduce tax burdens and avoid assets going into probate.
A Revocable Trust and a Living Trust are the same type of trust and can be changed at any time. On the other hand, an Irrevocable Trust is one in which the terms of the trust cannot be modified after creation without the consent of the beneficiaries and under other circumstances.
The Settlor of a Revocable Trust may change, modify, or revoke its terms at any time. They can add or remove beneficiaries and/or modify directions as to how assets within the trust are managed (California Probate Code §15401).
In California, a trust is presumed to be revocable unless it is expressly made irrevocable in the terms of the trust (California Probate Code §15400).
While Revocable Trusts seem more flexible and preferable over Irrevocable Trusts, there are some downsides to Revocable Trusts. If, for example, the Settlor of a Revocable Trust is sued, his or her assets in the trust are not shielded from creditors and the Court may order the Settlor to use the trust assets to satisfy any judgment (California Probate Code §18200).
In contrast to a Revocable Trust, the terms and instructions under an Irrevocable Trust are essentially permanent and not subject to modification, except under exceedingly rare circumstances.
If all beneficiaries of an Irrevocable Trust consent, they may seek modification or termination of the trust in court. There are a number of factors that the court must consider before granting a modification or termination of an Irrevocable Trust (California Probate Code §15403).
Irrevocable trusts offer more protection from creditors. If the Settlor retains the power to revoke the trust in whole or in part (a Revocable Trust), the trust property is subject to the claims of creditors of the Settlor as long as the trust remains revocable. When the Settlor of a Revocable Trust dies, the trust automatically becomes irrevocable (California Probate Code §18200).
A special needs trust is a specific type of trust used to provide financial support and assets for a loved one who is disabled without threatening their ability to qualify for benefits they need for basic, daily care.
Because the assets in the trust are held under the ownership of the trust and trustee, they are not considered assets owned by your loved one. This prevents them from going over asset and income limits for their benefits, while still providing helpful support and property that can improve their standard of living. The trust outlines how the assets are used to further prevent the funds from disqualifying your loved one for their benefits.
A power of attorney is a document that grants a person the legal authority to act on behalf of another person (California Probate Code §4022). The person who is granted the legal authority is referred to as the ‘agent,’ while the person who is granting the legal authority is referred to as the “principal.” (California Probate Code §4026). The agent acts on behalf of the principal when dealing with third parties (Civil Code §2295).
A health care directive is a document that allows a person to provide written, medical instructions to doctors and healthcare providers regarding their medical care if the person becomes incapable of doing so themselves (California Probate Code §4623). A health care directive does not require the nomination of another person to give instructions on behalf of a patient but can be used alongside a healthcare power of attorney.
Estate planning is useful for any family, but it offers exceptional benefits to blended families created by divorces and second marriages. If you have remarried or have children from a prior relationship, estate planning is necessary to protect the inheritance rights of all your children, while still providing support for your spouse.
Without an estate plan, your assets are distributed by intestate inheritance laws, which usually favor your spouse, with the rest of the estate split up between your children. Your estate plan can list beneficiaries in a trust or will to see that each of your loved ones receives a fair amount of inheritance. Other aspects of the estate plan are also crucial. Your powers of attorney should name the person you trust to handle your affairs.
In Torrance, 5% of workers are self-employed in their own incorporated business, and 4.3 million small businesses in California. When you own a business, you want to protect it and help it thrive even when you cannot manage it yourself.
Estate planning can include a business succession plan and exit strategy. This enables you to put someone in charge whom you trust with your company in a situation where you are incapacitated or die, or simply when you choose to retire. Planning also involves using trusts to provide a straightforward transfer of business assets.
A “Personal Representative” is a broad term to describe a category of persons tasked with administering a decedent’s will or estate under probate law. The category of “Personal Representative” can include an executor, administrator, special administrator, or a person who performs substantially the same function under the law of another jurisdiction governing the person’s status (California Probate Code §58).
The term “executor” is included within the term “personal representative.” An executor is a person specifically named in a will who is responsible for distributing the real and personal property of the deceased to the will’s beneficiaries.
An Executor’s duties include gathering estate assets, paying the deceased’s debts from the estate proceeds, and distributing the rest of the property according to the terms of the will.
It is common practice for an executor to hire an attorney to assist them in estate distribution. If the named executor in the will declines to act, is disqualified from acting, or is deceased, and there is no named successor in the will, the Court may appoint a Special Administrator through Probate proceedings (California Probate Code §58).
An administrator is a type of personal representative that is appointed by the Court when there is no will that names an executor or no one can act as the executor (California Probate Code §58). In this instance, any interested party may petition the Court to be appointed Administrator or Special Administrator.
A Special Administrator is a person appointed by the Court to administer a will or estate. The appointment of a Special Administrator may be for a specified period, to perform specified tasks, or to carry through any other activity that is specified by Court Order (California Probate Code §8540).
Subject to limitations by the Court, a Special Administrator may take possession of all property of the estate, collect all rents and incomes of the estate, maintain and defend legal claims against the estate, and sell perishable property (California Probate Code §8544(a)).
The Special Administrator’s authority ceases upon issuance of letters to a general Personal Representative or when the Court otherwise specifies (California Probate Code §8546(a)). The Court fixes the amount paid to a Special Administrator for their services, which is generally paid at the end of administration of the estate.
The Special Administrator may be paid sooner if the Personal Representative of the estate petitions the Court for payment or if the Court decides otherwise (California Probate Code §8546(b)).
Probate Code §8110 provides that at least fifteen (15) days before a hearing on a Petition to Probate a will, each heir of the deceased must be notified, in addition to each devisee, named executor or successor executor of the will.
An heir is any person who is entitled to take property of the decedent in intestate succession and is generally determined through blood relation or legal relationship (such as spouse or adopted child) (California Probate Code §44).
The payment of a Personal Representative depends on several factors. First, a Personal Representative may request a partial payment from the Court after four months have passed since the issuance of Letters (California Probate Code §10802). The Personal Representative may also petition the Court for final compensation at the time of filing the final account of the estate (California Probate Code §10802).
If the will specifies the amount that the Personal Representative is to be paid, the specified amount will be the final and only compensation paid for services rendered (California Probate Code §10802). However, if the will does not specify an amount, then the Personal Representative’s compensation amount depends on the size and value of the estate.
California Probate Code §10800 lays out the compensation for services rendered by a Personal Representative as follows:
In addition to payment for ordinary services, the Personal Representative may be paid for extraordinary services.
The amount paid for extraordinary services is not fixed by statute but is at the discretion of the Court upon Petition (California Probate Code §10801). The above specifications also apply to the amount an estate attorney may be compensated (California Probate Code §10810– 10812). Any agreement between beneficiaries and the compensated party to be paid for a higher amount is void (California Probate Code §10803, 10813).
A trust is created by the Settlor and is meant to benefit the beneficiaries. A trustee is a third party who has the responsibilities of administering the trust to the beneficiaries according to the terms of the trust, paying the debts and expenses of the trust, and periodically reporting the status of the assets to the beneficiaries (California Probate Code §84).
The trustee has a duty to maintain, protect, and invest the assets of the trust and ultimately administer the assets of the trust in an impartial and unbiased way (California Probate Code §§16002-16004).
A trust can come in different shapes and sizes and can be made by individuals, companies, and non-profit organizations. As such, the responsibilities and compensation of a trustee vary vastly depending on the terms of the trust, the assets attributed to the trust, the size of the trust, the number of beneficiaries named, and what the purpose of the trust is overall.
The amount a trustee is paid depends on several factors. In some instances, a trustee’s compensation amount is specified in the terms of the trust (California Probate Code §15680(a)). The Court has discretion to increase the amount paid to the trustee if the trustee’s duties have changed since the trust was written or where the amount specified is too low to be fair (California Probate Code §15680(b)).
In instances where the trust does not specify the amount of compensation the trustee is to be paid, the trustee is entitled to reasonable compensation (California Probate Code §15681). Reasonable compensation is determined by the Court and varies depending on the circumstances of each case (California Probate Code §15680(b)).
The Probate Code does allow for reimbursement of the trustee’s expenses in maintaining the trust, but the expenses must be necessary to the trust. Conversely, a trustee will not be reimbursed for expenses that were not properly incurred for the benefit of the trust (California Probate Code §15684).
The value of the estate accounted for by the personal representative is the total amount of the appraisal value of property in the inventory, plus gains over the appraisal value on sales, plus receipts, minus losses from the appraisal value on sales, without consideration for encumbrances or other obligations on estate property (California Probate Code §10800).
An estate is a “small estate” when the gross value of property in California, after statutory exclusions, does not exceed one hundred and fifty thousand dollars ($150,000.00) (California Probate Code §13100).
Personal property from an estate of this size may be exempt from the probate process and transferred directly to a beneficiary upon the filing of a Small Estate Affidavit (California Probate Code §13100). The Affidavit may be filed forty (40) days from the date of the decedent’s death. If the estate includes real property, an inventory and appraisal must be attached to the affidavit (California Probate Code §13101).
A medium estate generally consists of personal and real property valued between two hundred eight thousand eight hundred and fifty dollars and nine million dollars ($9,000,000.00), depending on the date of death. An estate of this size requires a Petition for Probate to be filed with the Probate Courts.
A large estate generally consists of personal and real property valued above nine million dollars ($9,000,000.000). An estate of this size requires a Petition for Probate to be filed with the Probate Courts.
Wickers, Wickers & Admans LLP
As probate attorneys, we assist clients who are trustees, beneficiaries, executors, or heirs of a Trust or Will and assist clients in providing clarity in the process of administering the decedent’s estate.
Our attorneys also help clients understand their rights, evaluate their options, and develop a strategy to protect their interests. When you want to hire a wills and trusts lawyer, reach out to Wickers, Wickers & Admans LLP.
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Please note that the founding partner Rodney W. Wickers has Retired. This website is an advertisement and for general information only and is not intended give legal advice, legal recommendations or offer to perform legal services. To obtain our legal representation a written Agreement signed by this office is required. Please note, we practice law in California, and this site contains information about California only.
