ESTATE PLANNING

ESTATE PLANNING

Estate Planning is an area of the law most people want to learn more about, especially as we get older and have acquired a home and some stock/cash or retirement benefits. It is very important to make sure your assets such as a home, savings, cash, stocks, and any retirement funds go to the correct individuals when you die. Without an estate plan, the wrong people may end up with your assets. At the Quantum Law Group, LLP, we believe that one of the best ways to protect your assets, to have your family cared for, and to insure that your wishes are followed is to create a Living Trust.

Living Trust

A Living Trust makes sure the right people, those that you personally select, are going to get your assets upon your death.


No one, whether you own one small condominium, a home or a lot of real estate should have to go through a lengthy probate, pay the probate fees and pay the taxes.


With proper estate planning your assets can be distributed to your intended beneficiaries at a minimum of time and expense.


A revocable Living Trust is the cornerstone of a good estate plan. For many it will satisfy all their needs. For others it will just be a starting point; and other strategies may be needed to effectively accomplish their goals.

Writing on Paper

A Living Trust avoids the high cost of probate

Whether or not you have a Will when you die, the process to probate your estate is virtually the same. The only difference is that if you die with a Will, you select who will inherit your estate. If you die without a Will, the State of California decides for you, according to the Laws of Intestate Succession. This can be a serious problem for many families. Your family will not be able to change titles on property still listed in your name without an Order from the Probate Court. This includes any titled property, such as bank accounts or real estate.


During the probate process, the Court supervises the payment of debts, taxes and probate fees. The Court then supervises the distribution of your estate to the heirs. All assets of the estate are tied up during this time, possibly one to three years. The process is expensive and time consuming.

Why a Living Trust is an Effective Means of Estate Planning

A Living Trust Saves Time

With a Trust, everything takes place immediately after your death. Without a Trust, nothing can be distributed or sold without the court and/or executor’s approval causing a one to three year delay.

A Living Trust Gives Your Family Privacy

Probate is a public process, so any interested party can see what you owned. The process invites disgruntled heirs to contest your Will and can expose your family to solicitors.

A Living Trust Gives Your Family Control

A Living Trust offers you the control to eliminate the long expensive probate process. Probate information is made public and the Living Trust is private.

A Living Trust Saves You Money

Probate is a very expensive process. There are the executor's fees, attorney's fees, appraisal fees, court filing fees, bonds and publication fees. Probate fees are generally a percentage of the gross value of the estate. With a Living Trust, the probate fees can go to a spouse and/or children instead of government and administrative costs.


The tools and strategies we can put to use to accomplish these goals include:

  • Revocable Living Trust
  • Advance Healthcare Directives
  • HIPPA Authorizations
  • Nomination of Guardianships
  • Wills with testamentary trusts
  • Durable Powers of Attorney for Asset Management


Estate planning is not something anyone should tackle on their own. We urge you to seek the advice of a qualified attorney who specializes in estate planning. Professional preparation of documents by a lawyer will make sure each document is valid under California law. An attorney must personalize each document and include all correct language to benefit you and your family. It is important to set up an estate plan while you are healthy and happy. Do not wait until there is an illness and it is no longer a choice.


While we like Living Trusts as an estate planning asset, we are also capable of helping clients with other issues in this practice area. These issues include:

  • Generation-skipping transfer tax planning techniques
  • Irrevocable Trusts
  • Life Insurance Planning, including use of Irrevocable Trusts
  • Estate valuation freezing plans
  • Analysis of available discounts in valuing business assets
  • Limited Liability Companies
  • Installment Sales, including self-canceling installment notes
  • Retirement funding
  • Personal Residence Trusts

If you have any questions or if we could be of further assistance, please do not hesitate to contact us.


Life Insurance
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