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Gregory T. Annigian

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Claremont, CA 91711

Phone:  (909) 981-9340

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Prior results do not guarantee a similar outcome. The Attorneys at Law Offices of Gregory T. Annigian are licensed to practice law in the State of California.

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Attorney Gregory Annigian Wills and Trusts Blog

November 15, 2019

Why you need a well drafted Will or Trust

Wills & Trusts determine who will inherit your assets, and both are subject to California’s legal requirements to be valid. A simple mistake may result in years of costly litigation and vastly reduce the value of the estate.

Failure to properly draft your will or trust may not only result in litigation, but also prevent your final wishes from being met. Trusts serve multiple purposes in addition to simply being a tool that is used to pass on your assets. Therefore, it is essential that the proper type of trust is utilized to ensure that your objectives are carried out. Estate Planning is not a one size fits all process, and it’s vital that you work with a lawyer who possesses an in-depth knowledge of the function and purpose of each type of trust, as well as the differences between how each is taxed.

November 1, 2019

When you should have your Estate Plan Drafted

Most people put off retaining an attorney to create a personalized estate plan, believing that it isn’t necessary until they are older. However, life is unpredictable and it is important to take every precaution possible to ensure that your assets, your family and your business are protected should the unexpected occur.

It is wise to meet with a Wills & Trusts Lawyer once you obtain considerable assets including the purchase of a home, get married, or have children. A seasoned attorney can meet with you, review your goals, and will work diligently to ensure that your wishes are clearly set forth.

A well drafted, comprehensive estate plan can reduce the likelihood for future litigation, help protect you and your family financially in case of illness or incapacity, and provide peace of mind knowing that your wishes will be carried out upon your passing.

Estate Plans should be reviewed every few years, especially if you have undergone any major life changes such as divorce, marriage, or the birth of a new child / children.

October 15, 2019

The Difference between Wills and Trusts

While both types of estate planning tools determine how an individual’s assets will be distributed upon death, there are fundamental differences between them.

Wills, otherwise known as a Last Will and Testament, must typically be probated through the court. The Probate Court will oversee how the executor administrates the will, and all probate cases are a matter of public record. Probate is costly, timely and lengthy – matters may take anywhere from six months to two years to settle, based on the complexity. However, unlike trusts, wills allow the testator to name guardians for their minor or disabled children.

There are several different types of trusts. Each serves a different purpose and there are several tax consequences associated with both wills and trusts. Each and every factor must be taken into account when choosing whether a will best serves your needs, if a trust would be more appropriate, or if you need a combination thereof.

October 1, 2019

Going through Probate

Probate is the process by which the court determines the validity of a decedent’s will, oversees administration of the will, handles all claims against the estate, and ultimately ensures that all remaining assets are distributed according to the terms of the will.

Not all wills are required to go through Probate. Estates valued under the statutory minimum do not have to be filed with the court. The executor of the will may simply handle all monies owed by the estate prior to disbursing the remainder to named heirs and beneficiaries.

However, when a will is required to undergo the probate process, expenses can quickly add up. Probate Courts charge a statutory amount to handle these cases, and that amount is a percentage of the value of the estate in its entirety.

Should any disputes arise, the aggrieved party may turn to the Probate Court for assistance. Should the dispute be unable to be settled, litigation may result. To best avoid the possibility of litigation, the will should be clear in its terms and be well drafted as to specificity and legal requirements.

September 15, 2019

Choosing the Proper Trust

While wills only address the distribution of assets after death, trusts may serve a multitude of purposes, including the following:

In addition to the preceding, there are several other types of trusts. Each type of trust has different tax consequences, as do wills. Because there are so many different types of trusts, each with differing tax consequences and protections, it’s imperative that you seek the services of a highly qualified and experienced Wills & Trusts Lawyer.