Roseville Trust Lawyer

Years of Experience Protecting Families Throughout California

Our Popular Practice Areas:

Estate Planning
Wills
Trusts
Power of Attorney

Roseville Trust Attorney

When it comes to matters of the law, it is easy to feel intimidated. However, when it comes to matters of death, it is even easier. Because of this, many individuals have a hard time writing wills and making arrangements for their assets for when they pass away. Though this topic can feel scary and even a bit morbid, it is essential that you address plans for your property with a Roseville estate planning lawyer before you die. It is best to do this as soon as you have significant assets such as a home or dependents. This is true even if you acquire these at a young age.

What many people don’t realize is that estate planning is incredibly complex. However, there is a lot that you can do for future generations if you properly arrange your assets before you die. In fact, if you work with an estate planning attorney in Roseville, you can be sure to maximize the amount that goes to your family and minimize the amount that goes to the state.

Because this area of law is so complicated, we work diligently to create approachable, truthful information for our clients. We want you to understand the types of estate planning tools available to you so that you can make informed, empowered decisions about your assets.

A California Trusts Lawyer You Can Count On

Our estate planning attorney, Drummond T. McCunn, can devise a plan which protects your loved ones in the event of your death or incapacity. For more information about our services, contact our firm online or call 916-250-3840 today.

Call (916) 773-6100

Why Choose McCunn Law?

Here at McCunn Law, our passion is estate planning. We understand how impactful this area of law can be, so we do everything in our power to help our clients achieve the estate plan that they want. For almost 50 years, we have been helping the residents of Roseville and the surrounding areas create strong, beneficial wills, trusts, and final wishes.

We are passionate about providing unique, personalized solutions for our clients, which makes us a top local firm for what we do. We fully understand that not every client is the same, and each situation must be approached with care. We collaborate with you to create an estate plan that works for your specific and unique needs so that you feel confident about your family’s future. We also operate on an honest pricing system, so you and your family won’t be subject to hidden fees or unexpected losses because of our firm.

What Is a Trust?

Many people come to us with a limited understanding of what a trust is and how it differs from a will or other similar documents. This is understandable. Unfortunately, the benefits of trusts are not often taught in schools and universities, making them a foreign concept to many.

At its core, a trust is a legal agreement where a third party, or a trustee, holds the beneficiaries’ assets until it is time for them to receive them. The trustee should be a fiduciary, meaning that they have a legal and ethical responsibility to act according to your wishes and in your best interest.

There are many types of trusts that are available. Your Roseville trust attorney will be able to talk you through your options and help you decide which is best for you and your assets. However, there are two main categories of trusts about which you should be aware. These include revocable and irrevocable.

Revocable Trusts

A revocable trust is often called a living trust. This is a top-rated option, especially if you create your trust when you are relatively young and healthy. Revocable trusts avoid probate court, but you still have control over your assets during your lifetime. This means that if circumstances change or you have different assets to add or subtract from the trust, it is easy to do so. In addition, you can dissolve a revocable trust during your lifetime if you choose to.

It is important to note that, though revocable trusts do avoid probate, they do not avoid estate taxes. This means that you will pay taxes on the assets in your trust during your lifetime, just as if they were any other asset outside of a trust.

Irrevocable Trusts

Irrevocable trusts are more rigid. Once you create an irrevocable trust, the assets move to your trustee, and you no longer have access to them. On the upside, this means that you are no longer responsible for taxes on the assets, nor are they subject to estate taxes. However, you cannot change your mind with an irrevocable trust. Therefore, though your beneficiaries may be responsible for some taxes once they receive their inheritances, significantly less money is owed during this process.

It is worth noting that all trusts become irrevocable trusts once the guarantor (you) passes away.

Trust law, therefore, is simply helping individuals and families navigate this system. No one choice is correct for everyone, and we help you make those decisions in an educated manner. What’s more, your attorney can act as your trustee if you so choose. This means that we are in charge of carrying out the distribution of assets once you pass. This is often preferable, as families can become stressed or argue about the distribution of assets.

Why Do I Need an Estate Planning Lawyer?

It is worth noting that, legally speaking, you do not need a trust attorney to help you. However, your trust attorney in Roseville can help you make crucial decisions about your assets and wealth. Many people who attempt to create a trust on their own find it difficult to do so, and some even miss fundamental laws and guidelines that put their entire estate into jeopardy. Therefore, an attorney is always recommended.

As mentioned, your attorney can also act as your trustee. This is a wonderful choice for many, as your trust attorney in Roseville is a reliable, trustworthy option for carrying out your wishes. You do not have to worry about your family making complicated post-mortem arrangements because your trust attorney can handle these for them.

How Much Does It Cost to Get a Trust Done in Roseville, CA?

Many people wonder if creating a trust will be worth the investment. This is a fair consideration, as the entire purpose of a trust for many people is to avoid probate court. Unfortunately, there is no single answer to this question. The cost depends on your Roseville trust attorney’s fee structure and what needs to be done.

Generally speaking, most trusts cost between $1,000 and $3,000 to make. This may seem like a significant sum, but it is essential to remember what you are saving by choosing to make a trust. Much more than that can easily be taken in probate court, so investing in a trust is usually a bargain.

It is also worth noting that your family will save a lot of time and stress if you leave a trust. Rather than suffering through probate court, which can take weeks, months, or even years, they will get their inheritances much faster. They will also have a set authority figure in the trustee, meaning that the burden of carrying out your wishes is not on their shoulders. This ease of process and peace of mind make trusts preferable for many people.

What Is Probate Law?

Probate law is the state’s system for carrying out wills and ensuring that all of the deceased’s debts are paid. This litigation often comes into play when the deceased had only a will or left no estate plan whatsoever. In many situations, this legal system takes a lot of money out of the deceased’s assets before allowing beneficiaries their share. As mentioned, probate can last months or years, depending on the situation. As a result, many people try to avoid it so that their beneficiaries get their fair share, and they receive it in a timely fashion.

What Kind of Lawyer Do I Need for an Inheritance?

If you are on the opposite side of a trust and are expecting an inheritance, you likely have questions as well. Though trusts are much easier than probate court, they can still be complicated if you have never encountered one before.

You’ll be pleased to know that an estate planning attorney can help you on the receiving end of an inheritance as well. However, depending on your circumstances, you may want to hire your own Roseville estate planning attorney for more personalized attention during this process.

Remember, the Roseville trust attorney who is carrying out the trust was hired by your loved one. The attorney must put your loved one’s interests and wishes above all else. In some cases, they may answer basic questions, but they often cannot advise you. It is a conflict of interest for them to work for both sides of a trust. If you want personalized advice that you can trust, you must hire your own Roseville estate attorney to help you with your inheritance.

How Do You Know If You Can Trust Your Lawyer?

With cases of any kind, it is paramount that you trust your attorney. If you cannot trust your lawyer, the entire case is jeopardized, and your money will be wasted. Unfortunately, many people don’t know what to look for when it comes to an attorney, so bad lawyers take advantage all of the time.

Know that all attorneys are different and have different personalities. However, there are some key traits that all lawyers should possess. These include:

  • Exemplary listening skills. You do not want an attorney who talks your ear off without letting you get a word in edgewise. Make sure your lawyer listens to you carefully, perhaps takes notes, and only speaks when you are finished with your thought and ready to hear their input. Though they may have encountered scenarios like yours many times, they must understand that this is your first time, and you deserve patience.
  • A good track record. Ask any potential Roseville trust attorneys if they have created trusts like yours before. Though no two estates are the same, there are bound to be similarities. Make sure that they have experience successfully carrying out trusts for other families. Ask if they have any references you can call. Contact these references and ask about that family’s experience to ensure you choose someone who does good work.
  • A strong background. Estate law is complicated and unique, meaning that not all attorneys can practice it. Ask your attorney about their personal experience and the experience of the firm they work for. Be sure that both are well versed in estate law specifically.
  • A good reputation. Ask other law firms in the area about your potential attorney. Search them online and see if there are any stories or accusations that make you uneasy.
  • Approachability. Though your attorney should be an expert in trusts, they also should be approachable. You should feel as though you can speak openly to them, without judgment or apprehension. Remember, you will be talking to them about some very personal and emotional topics. Be sure that you are comfortable doing so before you hire them.
  • Creative problem-solving. You may not consider trust law to be particularly creative, but on the contrary, it requires a significant amount of creative problem-solving. Your lawyer should be able to look at your situation from multiple angles and find a solution that works specifically for you. If they provide cookie-cutter options that don’t quite meet your requests, you should keep looking for a firm that can create a more personalized solution.

Never dismiss your own gut feeling as well. If someone has all of the credentials, but you get a bad feeling about them, it is okay to keep looking. In fact, it may end up protecting your assets and your family.

Contact Our Law Group Today

If you are looking to create a trust, will, conservatorship, or estate planning document of any kind, we can help. Our firm specializes in creating unique estate solutions for our clients. If your situation carries special needs or requests, we can work with you to create a document that works exactly how you need it.

For more information or to schedule a consultation, contact us online today.

Legal Assistance

The best time to seek legal assistance is when disputes are still only minor agreements. This gives either party the time to re-evaluate their actions and determine the next move without breaking the law or acting unfairly. Consulting with an attorney can provide the information they need to steer them down the right path. In some instances, clients ask us to mediate a dispute between landlord and tenant, so both parties can come to an agreement without the need for battling it out in a courtroom.

If you are a landlord or a tenant who believes your rights have been breached or you have been accused and your business or reputation is on the line, turn to McCunn Law. We help our clients to navigate even the most complex legal issues to arrive at the best solutions possible. Contact us today at 916-827-3427.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.