Legal Question in Elder Law in California

My mother and father have a will leaving everything to me upon their passing. I am their only surviving child. My only sibling passed away 20 years ago. Should they have a revocable trust in oppose to a last will and testament to avoid probate?

Asked on 5/19/14, 2:08 pm

3 Answers from Attorneys

Len Tillem Tillem McNichol & Brown

If they own a home in California then they almost certainly should create a trust to avoid probate. In California, Probate in the courts is a process that takes 9-15 months to complete and is very expensive considering that if they have a trust, and you are the sole beneficiary, transferring their assets to you becomes little more than a paperwork drill. They should consult with an estate planning lawyer in their community.

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Answered on 5/19/14, 2:13 pm
Joel Selik

It depends on what assets they own and what their plan of distribution is. If there is real property such as a home, then trusts are usually quite beneficial.

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Answered on 5/19/14, 2:21 pm
Terry A. Nelson Nelson & Lawless


If serious about hiring counsel to prepare this, and if this is in SoCal, feel free to contact me.

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Answered on 5/19/14, 3:36 pm

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