Trust & Estates
Choosing the Right Trust and Estates Law firm is Paramount
By educating yourself upfront and understanding the different methods of financial protection vehicles, you can save yourself a ton of time and headaches.
So let’s get started!
What is an estate?
Simply stated, an estate is what you own and control. If you own a car, a home, bank accounts, art collection, etc., you can consider them part of your estate. Therefore, you may elect to protect your “estate” via a will or a trust, i.e., via an estate plan.
There are three categories for an estate:
- Gross Estate
- Residue Estate
- Estate Debt
Trust & Estate Planning
HESS-VERDON IS YOUR #1 SOUTHERN CALIFORNIA TRUST & ESTATE LAW FIRM
What is a trust?
Trusts break down into two distinct camps: Revocable Trust vs. Irrevocable Trust. You may have also heard of a living trust and testamentary trusts. Both of these trusts have multiple sub-trust categories. The Trust is a capable vehicle for protecting, preserving, and passing on wealth in the event of a death or legal incapacitation. It allows you to select your trustee(s) and assist you in granting to heirs and beneficiaries in an orderly fashion.
Protecting your family’s wealth is the goal of a Trust. Moreover, selecting the correct type of Trust is paramount for a long term litigation free outcome.
How does a will or Trust protect your estate?
A trust and a will are estate plans. The sole purpose is preserving and transferring assets from generation to another by minimizing disputes or confusion between the family. Several documents make up a trust. These documents will direct a trustee when the person dies or becomes legally incapacitated.
If you have a Trust, then:
- When was it last updated?
- Is the deed to your home in the Trust name?
- Are all your properties in the Trust titled correctly?
- Have the laws changed since you last updated?
- Does your family know where to find all your financial records, titles, and insurance policies should something happen to you?
Which type of Trust is most prevalent?
In percentage, the revocable Trust is by far the most popular type. The irrevocable trusts are typically for special needs trust, Charitable Remainder Trusts, and when leaving a portion to children’s needs.
What are the advantages of having a trust?
The advantage of having a trust is how it protects and preserve family wealth. Die without a trust or will, you die “intestate,” meaning the court will decide. California Probate has high fees.
Probate is the following:
- It can be expensive
- It takes time
- Your family has no privacy
- Your family has no control
Learn more about “California probate fees” here.
Dying without a Will or Trust will give the power to the courts to decide. The judge will decide as to who the trustee is and their method of administering the Trust (Trust Administration)
At Hess-Verdon, we provide legal services in the administration of probate and trust estates. The loss of a loved one is a traumatic event. Making financial and legal decisions while grieving is complicated and stressful. We make the process of probate and trust administration as comfortable and pain-free as possible.
When probate is required, these services typically involve the preparation of court filings, including petitions for appointment of executor’s inventories of assets, motions, settlements, and accounting, and requests for distributions.
With over 29 years of invaluable estate and trust administration experience, we continuously strive to successfully resolve matters for our clients, even in the most difficult of times and circumstances.
To discuss your situation, to meet with us, or to get your questions answered, contact us.
See our Client Quotes to see what our clients have said about our firm’s quality and dedication personally and professionally.
Are you a Trustee or Beneficiary where protection of the Trustors wishes are being challenged and causing family disputes?
Develop strategies on preempting a Trust dispute and discover What You Need to Know About the Trustee Removal Process
Hess Verdon has a deep bench and knows both sides of the equation to remove or suspend a Trustee or to safeguard the Trustee from a frivolous legal process. Hess-Verdon top litigators will help you stay on track!
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Beneficiary is attacking me
Attacked by a beneficiary who objects to how you, a Trustee, or Administrator, is handling an estate?
Prevent Trustees from Making Some Common Mistakes.
Duties | Delays | Choices | Distributions
Timing on each one is critical to avoid litigation
Hess-Verdon has over 30 years of dealing with Beneficiary and trustee disputes. Let us review your situation. You’ll be glad you did. Contact us for a No Charge, No-Obligation Consultation.
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Contesting a Trust
Are You Considering Contesting a Trust or the most recent amendment? Was there a capacity issue or undue influence?
Be Careful when contesting a trust and know the elements it takes to protect the trust assets. Reserve your rights before Statute of limitations happen!
Hess-Verdon works hard to resolve Trust and Estate issues and preserve the estate by minimizing costly litigation. Contact us for a No Charge, No-Obligation Consultation.
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Hess-Verdon Team of attorneys
See our Successful Reviews!
“I have been working with this firm since 1994; you can’t beat a firm like this, that is so ethical and competent.”
“We’ve always felt comfortable sharing our concerns with Hess-Verdon & Associates and have felt confident that the job was well done and the concerns answered.”
Have Your Case Reviewed Today by a Hess-Verdon Attorney
Why should I choose one type of living Trust over another?
A trust should be specific to your situation. Here at Hess-Verdon, we will take our time to let you know the best course of action. We gladly give a second opinion. Many times, we have been able to assist our preferred clients with many more options.
(See our testimonial)
Below are several types of trusts that clients utilize:
- Living Trust: (family trusts)
- Revocable Trusts
- Irrevocable Trusts
- Testamentary Trusts
- Qualified Terminable Interest Property (Q-TIP) Trusts
- Special needs trusts for disabled beneficiaries
- Generation-skipping trusts
- Qualified Personal Residence Trusts (QPRT)
- Pet Trusts
- Charitable Remainder Trusts (CRT)
- Irrevocable Life Insurance Trusts (ILIT)
- Grantor Retained Annuity Trusts (GRAT)
Note: If you have an outdated trust with A/B provisions, you should see an estate lawyer to update your Trust and minimize trust administration expense.
Choosing the Right Trust Estate Litigation Lawyer is Crucial
Searching for an Orange County Trust Litigation attorney? Hess-Verdon & Associates is one of the most knowledgable and most sophisticated trusts and estate law firm in the state of California at both the trial and appellate levels.
Our viewpoint is the following: Aggressive legal representation with a team of experts that protect you, our preferred client, with current tax and estate planning strategies.
Our litigation team has spent years acquiring extensive experience in trial preparation, strategy, and trial presentation to help you with your specific case.
We welcome the opportunity to discuss your needs, our qualifications, staffing approaches, and rate structures with a view toward the successful resolution of Estate, and trust-related matters.
Learn more about our Living Trust Attorneys.
Why review your Trust every 2-3 years, if not sooner?
Quite directly, changes in the tax code could affect your estate. By reviewing within 2-3 years, you may have a reliable trust document that is up-to-date with the latest tax laws and, most importantly, an updated reflection of your current situation.
The bottom line, consider your revocable living trust as your wealth management main document.
What are the negatives of an irrevocable trust?
If you had to pick a negative, it’s that the Trust can no longer be changed, unlike the revocable Trust.
Here is a list of disadvantages:
- Loss of control. Once established, you lose legal ownership of the trust property.
- Separate taxation: Is a separate taxable entity
- Gift tax
- Income tax rates
Please consult an attorney regarding your specific situation.
Probate and Trust Administration
We also provide legal services in the administration of probate and Trust Estates. The loss of a loved one is a traumatic event. Making financial and legal decisions while grieving is complicated and stressful. At Hess-Verdon & Associates, PLC, we make the process of Probate and Trust administration as streamlined and pain-free as possible.
When probate is required, these services typically involve the preparation of court filings, including petitions for appointment of executors/guardians/ conservators, inventories of assets, motions, settlements/accounting, and requests for distributions. Also, we represent individuals as trustees or as individual beneficiaries in adversarial court proceedings involving inheritance disputes. We help prepare federal estate tax returns for Estates and Trusts.
Litigation – Dispute Resolution
Ancillary to these litigation and administration services, we provide estate planning services to clients. Litigation often requires the attorney to reconcile zealous, aggressive advocacy with potentially volatile intra-family dynamics. Probate and Trust litigation involves a balancing of sensitivity to family relationships and an aggressive approach to litigation, which depends on the particular client’s situation.
The attorneys at Hess-Verdon & Associates, PLC represent corporate and individual trustees, charitable organizations, and individual, beneficiaries in Estate and Trust litigation matters, including, but not limited to, the following:
- Will Contests
- Trust Contests
- Breach of Fiduciary Duty Cases
- Discovery of Asset Claims Guardian/Conservatorship Proceedings
- Determination of Heirship Proceedings
- Suits for an Accounting
The firm’s highest compliment is when clients who have been through complicated probate or trust litigation cases return to the firm. They return to plan their estate so that their families can avoid those battles and difficulties. Hess-Verdon & Associates, PLC knows how to prevent the issues that can destroy a family and its wealth.
If I under $150,000.00 in my total estate, what should I do?
According to California law, there is a simple process through the probate court to transfer assets under $150,000.00. To learn more, see small estate without administration.
Why Hess-Verdon? Here are three reasons to choose our law firm.
- Putting Clients First
- Experienced Lawyers
- Cost-Effective legal service delivered on time
Our estate planning services include counseling clients and the preparation of wills, revocable living trusts, living wills, and power of attorney documents for health care. We have assisted families in dealing with family legal issues affecting seniors and disabled children or family members with special needs.
We implement the following:
- Living Trusts
- Insurance Trusts
- Dynasty Trusts
- Family Partnerships
- Personal Residence Trusts
- Charitable trusts and other estate planning documents to effectuate our client’s goals.
The most common response from our clients is peace of mind. (See our testimonials)
We also provide legal services in the administration of trusts. The loss of a loved one is a traumatic event. Making financial and legal decisions while grieving is complicated and stressful. We make the process of probate and trust administration as comfortable and pain-free as possible.
Trust and Estates Attorney Near Me
Serving State: California, Southern California
Serving Cities: Newport Beach, Huntington Beach, Irvine, Costa Mesa, Laguna Beach, Newport Coast, Corona Del Mar, Santa Ana, Anaheim, San Juan Capistrano, San Clemente, Buena Park, Fullerton, Orange, Lake Forest, Laguna Hills, Garden Grove, Tustin, Yorba Linda, Fountain Valley, Westminster, Dana Point, Rancho Santa Margarita, North Tustin, Seal Beach, Los Alamitos, Villa Park, Ladera Ranch, Placentia, Laguna Woods, Aliso Viejo, Coto De Caza, State of California
If someone dies intestate, i.e., without a Will, then you will enter into the California probate process.
We recently handled a case where a mom added her daughter to her accounts to help with bill paying. Her son assured all was correct, continued his day-to-day activities. Mom died in 2019, making the son the successor trustee. All of the accounts have, “Transfer on Death” (TOD) designation, and go to the daughter outside of the Trust.
The daughter refuses to split those equally because she feels that she deserved them for taking care of their mother.
Issues like this happen more often than you think.
Schedule an appointment today. Our specialized team is ready to assist you.
My Family is Suing me
Are you being sued by a family member over a Trust or Will?
From threats to harassment to emotional distress, many people’s knee-jerk reaction is to sue and has become increasingly common.
There are many options to resolve a family dispute in court and out of court.
With over 30 years, Hess-Verdon has handled Trust and Estate Lawsuits and dealing with family dynamics. Do not panic; Hess-Verdon is ready to help you today.
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Trustee Delaying my Inheritance
Past the reasonable “time period,” and Trustee has yet to make the required distributions?
Diagnose the stalling tactics from an uncooperative Trustee and UNCOVER Steps to Take to Get the Trustee to Distribute Your Inheritance.
Hess-Verdon, for over 30 years, has worked on both sides of the coin. Receive counsel on staying on the right side of the courts. Seeing thousands of problems facing Trustees and Beneficiaries has allowed us to assist and complete the wishes of the Trustor/Executor. Contact us for a No Charge, No-Obligation Consultation.
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Up against or even missed a deadline? Know which ones are upcoming?
Shore up your fiduciary responsibilities
Conflict of Interest | Distribution of Funds | Upcoming deadlines
And put yourself back on track and avoid a trustee removal petition
Time is ticking, and seeking guidance from a Hess-Verdon Attorney is your attorney source to know protect your family’s legacy. Contact us for a No Charge, No-Obligation Consultation.
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Changed Trust Before Death
Was a Trust changed while under the care of a brother, sister, or institution and possibly been influenced?
Act fast and attain a strategy on resolving fraud, forgery, undue influence, while protecting your rights and staying on the right side of the court.
Hess-Verdon & Associates helps seek proper legal advice and provides you with the sound direction you need to understand what constitutes an invalid Trust or amendment. Contact us for a No Charge, No-Obligation Consultation.
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Has a family member has been subjected to emotional, physical, and financial abuse?
Whether it be a nursing home, or in their own home, they need to be protected.
Abandonment | Medical Abuse | Self-Neglect | Violation of Rights
From the evidence of medical experts to testimony of witnesses, Hess-Verdon & Associates will listen and guide you through this complicated legal arena. Understand your rights today! Contact us for a No Charge, No-Obligation Consultation.
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Need a Second Opinion?
Are you feeling your attorney is not answering your questions?
Up against a deadline | Going over Budget | Case Taking too Long
These are just a few reasons why you need a second opinion.
Hess-Verdon has a deep bench experience and works with the courts. If you have questions that your attorney is not answering, or the litigation has taken unexpected twists and turns, Hess-Verdon has handled Trust and Estate Lawsuits for over 30 years. Do not panic; Hess-Verdon is ready to help you today.
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You found the right team. See our Successful Reviews!
“Truly exceptional law firm! They provided concise, decisive legal assistance during unanticipated events during estate proceedings. They made a bad situation better. Our family will always be grateful. There is no one I would rather have than Hess-Verdon & Associates representing my family.“
“Definitely a firm that will “fight to the finish.”
“Outstanding expertise and client support”
“Hess-Verdon is very professional and knowledgeable on corporate law, that can help with estate planning matters.”
Search Trust Litigation & Estate Planning Attorneys
Serving Trust Litigation: Throughout the state of California
Serving Counties: Orange County, CA. , Los Angeles County, Riverside, CA., San Diego, CA.
Serving Cities Nearby: Newport Beach, Huntington Beach, Irvine, Costa Mesa, Laguna Beach, Newport Coast, Corona Del Mar, Anaheim, San Juan Capistrano, San Clemente, Buena Park, Fullerton, Orange, Lake Forest, Laguna Hills, Garden Grove, Tustin, Yorba Linda, Fountain Valley, Dana Point, Rancho Santa Margarita, Ladera Ranch, Placentia, Laguna Woods, Aliso Viejo, Coto De Caza
Get In Touch
Our Trust Litigation Attorneys Fight to Protect Your Inheritance.
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