Trusts

  • Does a trust have to go through probate?

    No. One of the advantages of a trust over a will is that a trust does not have to go through probate before assets are distributed to beneficiaries. A trust is usually more expensive and complicated to set up than a will; on the other hand, it can take anywhere from 6 to 18 months (or longer) for a will to go through the probate process.

  • Estate Planning Basics: How to Choose the Right Guardian for Your Child

    As difficult as it may be to think about someone else raising your child, choosing a guardian for your child is an invaluable gift. By selecting a guardian with the same values, morals, religious beliefs, and commitment to education that you have, you will ensure that your child will grow up to be the person you want him or her to be.

  • Estate Planning Basics: Top 3 Reasons You May Need a Will

    When I meet with a potential new Estate Planning client, one of the first questions I hear is, "Do I really need a will?" That question is usually followed by comments such as, "I don't have tons of money," or "If I die, my spouse will just get everything," or "If my spouse and I both die, my parents will raise our kids."

  • Estate Planning FAQ: I have a special needs child. Other than a basic will, is there anything I need to do to provide for that child?

    Although each situation varies, and there are many factors to consider, you may want to set up a special needs trust to provide for your child. A special needs trust may be a useful tool for a disabled individual who is receiving, or will receive, government benefits.

  • Estate Planning FAQ: If I get remarried after my first spouse dies, how do I make sure my assets go to my children from my first marriage?

    Blended families – those in which one or both spouses have children from a prior relationship – are becoming more and more common. Estate planning for blended families is complex, especially if one spouse is significantly older than the other, or if one spouse has much more money than the other.

  • Estate Planning FAQ: What does it mean to “fund” a trust?

    To fund a trust means to retitle certain assets in the name of the trust.  Your trust only controls those assets that are “owned” by the trust.  If your trust is funded properly, the trust will control the distribution of your assets when you die; assets not owned by the trust may not be distributed as provided in the trust.  A properly funded trust can also help your estate avoid probate when you die.

  • Estate Planning FAQs: What is the difference between a will and a trust?

    A will (often called a Last Will and Testament) is a set of instructions that allow you to distribute your assets upon your death. You can also set up guardianship for your minor children. Once the instructions in the will have been carried out, the will ceases to exist.

  • Key Traits to Consider When Choosing a Guardian for Your Children

    While there are many factors to explore when chosing a guardian, I advise my clients to consider the following:

  • What Happens If My Boyfriend/Girlfriend Dies Without a Will?

    My boyfriend and I were together for more than 10 years, but we never married. He recently died without a will, and he never listed me as beneficiary on his life insurance and 401(k). Do I have a right to inherit a portion of his estate?

  • What is probate, and why does everyone think probate should be avoided like the plague?

    Probate is the process used to ask a judge (usually a probate court judge) to approve a decedent’s will so the instructions in the will can be acted upon.

Mike Toburen - Attorney at Law   

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Attorney Mike Toburen

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