Orange County Wills, Trusts, & Living Trusts Lawyer

Creating a Will or Trust in Irvine, CA - (714) 384-6053

For most individuals, estate planning involves drafting a will so that their assets and property are distributed to the right people after they pass away. However, many people do not realize that creating a will does not ensure their estate will avoid probate court in California.

At Mortensen & Reinheimer, PC, our ultimate goal is to help you and your loved ones avoid probate and trust litigation whenever possible. The first step in that process is understanding the difference between wills and living trusts. With 75+ years of combined experience, our trust and wills lawyers can help you assess your legal options and successfully navigate the process ahead.

What is a Will?

A will is a legal document detailing what an individual wants to happen after they die. This includes their final wishes regarding their remains as well as how they want their money, assets, and property to be distributed. It also allows individuals to name a trusted person as a personal guardian to care for minor children and a person to manage property if it must be left to minor children. An executor may also be named – they will be entrusted to carry out what is written in the will.

At Mortensen & Reinheimer, PC, our Orange County wills attorney is ready to guide you to create a will that is good for your estate and your loved ones.

What Happens if You Die Without a Will?

When a person passes without a California will or will substitute, their entire estate must pass through the probate process. The lack of will requires a decedent's estate to be distributed according to the intestacy statutes rather than being distributed according to their wishes.

For guidance on creating a California will, reach out to our Irvine wills lawyers at Mortensen & Reinheimer, PC. We have more than 75 years of experience combined in estate planning and are prepared to answer your questions and make the process as smooth as possible. Ensure your legacy is passed to your loved ones based on your final wishes.

Can You Leave Property Without a Will?

Certain kinds of assets can be transferred directly to named beneficiaries by other means. These can be handled by living trusts and other alternative legal documents and procedures.

Some of the assets eligible for transfer include:

• Life insurance benefits
• Pay on death assets
• Retirement plans, including IRA and 401(k)
• Trustee bank accounts
• Transfer on death securities accounts

Requirements For Writing a California Will

Creating a will in California involves specific criteria:

• You must be 18 years or older or an emancipated minor.
• Be of sound mind: You understand the significance of making a will, your owned property, recognize relatives, and lack mental disorders like delusions.
• Your will must be on paper, excluding audio or digital formats.
• It's recommended to type or print your will; handwritten wills are usually discouraged.

At Mortensen & Reinheimer, PC, our wills lawyers serving Orange County have over 75 years of combined experience and work closely with you, exploring all options for your unique case. Your estate planning journey is our priority.

Orange County Living Trust Attorney

Much like a will, a living or revocable trust also documents how you want your affairs handled after you pass away. The major difference between a will and a living trust is that a living trust does not require probate. Additionally, a living trust will take effect as soon as it is created.

Our living trust services in Orange County can include:

• Evaluating your goals so we can explain whether a revocable living trust, will-based plan, or combination of tools may be appropriate under California law.
• Coordinating with local procedures in the Orange County Superior Court to help structure your plan in a way that can simplify future administration for your chosen trustee.
• Discussing funding steps so that real estate, financial accounts, and other assets are correctly titled into your trust and not left outside the plan.
• The Importance of Funding a Trust
• The Basics of Trust Administration

Various types of trusts can be created, depending upon each trustor's unique situation and needs. Our Orange County living trust lawyers can go over these types of trusts in further detail.

Choosing an Orange County Wills and Trusts Attorney

Selecting the right legal team for your estate plan is an important decision, especially when your family, your home, and your future are at stake. When you work with Mortensen & Reinheimer, PC, you receive guidance from a firm that focuses on estate planning and probate in Southern California and understands how local rules and court procedures can affect your plan. We take time to learn about your goals, your concerns, and the people you want to protect so that your documents reflect your real-life priorities.

Many people contact us after trying to create documents on their own or using generic forms, only to discover that key details were missed or that their paperwork does not comply with California law. By consulting with an Orange County trust attorney, you can better understand how tools like wills, living trusts, and beneficiary designations work together and what steps are needed to keep your plan current as your life changes. Because cases are often filed in the Orange County Superior Court, it is helpful to have a local team that is familiar with the expectations of judges and the practical side of administering estates in this region.

In addition to preparing new estate plans, we also assist clients who need to update existing wills or trusts after marriage, divorce, the birth of a child, or the purchase of real estate. Our goal is to give you clarity about your options so you can decide whether a will, a living trust, or a combination of planning tools is best for your situation. When you are ready to take the next step, we aim to make the process organized and understandable so you can move forward with confidence in the choices you have made for your loved ones.

Developing an Irrevocable Trust in Orange County

In addition to living trusts, there are also irrevocable trusts, which cannot be altered during your lifetime. While these trusts cannot be altered, they do provide stronger protections against future liability and estate taxes.

What is Trust Administration?

Trust Administration refers to the management and distribution of trust property by a legally designated person, usually referred to as a trustee. This is to be done in the best interests of the beneficiaries of the trust estate and in accordance with the trustor’s wishes. When property, especially but not exclusively real estate, is to be transferred from a deceased loved one’s trust to his or her beneficiaries, the property must be temporarily put under the control of a successor trustee before being distributed according to trust guidelines. As long as the California trust is not successfully contested, the successor trustee has all the powers given to him or her by that trust.

The Duties of a Trustee

California state law puts trustees undean r obligation to perform certain duties and bars them from taking any actions not deemed in the best interests of the trust. A line of successor trustees is designated in the trust. They are only given the power to act if the first-named trustee or trustees either pass away or become incapacitated.

Trustees are expected to administer the property under their care in accordance with the trust and in conformity with state law. They must properly notify all beneficiaries and are obligated to manage the trust estate in a financially responsible manner. They must also avoid creating any conflict of interest or benefiting in any way from their position as a temporary property holder. They must also pay the taxes on the property, settle all relevant debts, and keep detailed financial records. If they violate the terms of the trust or any of their duties as a trustee, their acts could be declared non-binding, and they can be removed by the beneficiaries. Additionally, beneficiaries also have the right to request and receive from the trustee a properly constructed financial disclosure statement.

Work with Seasoned Orange County Trust Attorneys Today

Contact the offices of Mortensen & Reinheimer, PC at your earliest convenience to speak with our wills and trusts lawyers in Orange County, CA, and find out what we can do for you. Our professional corporation is dedicated to helping clients avoid probate and draft detailed wills and living trusts so their estate is in order before their passing. No matter your age or health, our estate planning attorneys encourage you to take advantage of our skill and knowledge.