Can I Do Probate Myself is What is the 5 year lookback rule? The general rule is that if a senior applies for Medicaid, is deemed otherwise eligible but is found to have gifted assets within the five-year look-back period, then they will be disqualified from receiving benefits for a certain number of months. This is referred to as the Medicaid penalty period. What happens to a joint credit card when someone dies? If you and your spouse are joint account holders on a credit card, you are both equally responsible for the debt on the card, no matter who made the charges. That means you will be responsible for your deceased spouse’s credit card debt, even if you’re not a joint account holder or authorized user on the card. Who are legal heirs of deceased? The parents, spouse and children are the immediate legal heirs of the deceased person. When a deceased person does not have immediate legal heirs, then the grandchildren of the deceased will be the legal heirs. Is probate necessary if there is a will? There is no requirement that a will or property go through probate, but if the decedent owned property that is not arranged specifically to avoid probate, there is no way for the beneficiaries to obtain legal ownership without it. There are some exceptions to this. How do you distribute money from a family trust? Distribute trust assets outright The grantor can opt to have the beneficiaries receive trust property directly without any restrictions. The trustee can write the beneficiary a check, give them cash, and transfer real estate by drawing up a new deed or selling the house and giving them the proceeds. Can you put rental property in a trust? Placing your investment property in a discretionary trust can be an effective asset protection strategy. A well-constructed discretionary trust provides protection for the trust property from potential claims by beneficiary’s creditors if the beneficiary becomes bankrupt or is subject to a lawsuit. San Diego Probate Attorney is Does The Law Firm Of Steven F. Bliss Esq. work in Oceanside? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Oceanside. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Chula Vinta? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Chula Vista. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Oceanside? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Estate Attorney in Oceanside. Fantastic San Diego Probate Attorney is The Law Firm Of Steven F. Bliss Esq. Do financial planners do estate planning? Financial planners also assess clients’ overall financial health. An experienced financial planner helps clarify existing options and recommends products, investments, or other strategies to help one achieve her financial goals. Estate planning, on the other hand, is handled exclusively by an Probate Attorney. Healthy San Diego Probate Properties is The Law Firm Of Steven F. Bliss Esq. Do I need a will or an estate plan? Steve Bliss with The Law Firm Of Steven F. Bliss Esq. answers estate planning questions. What is considered a small inheritance? What is Considered a Small Inheritance? According to a recent report, the median inheritance in 2016 was $55,000, so inheritances below $20,000 could be considered small. Yet this is still a substantial amount of money and can be used in a variety of ways to improve your financial situation. What happens if you can’t afford probate? However, if you can’t afford to pay for probate litigation because you can’t afford to pay your attorney on an hourly basis, your case lends itself to a contingency fee, and you can find a probate and trust litigation attorney who will take your case on a contingency fee. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Chula Vinta? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Chula Vista. What Is The Difference Between Will And Probate is Are there different forms of trust? The four main types are living, testamentary, revocable and irrevocable trusts. Can a will override a beneficiary? Wills do not override beneficiary designations; rather, beneficiary designations ordinarily take precedence over wills. The Law Firm Of Steven F. Bliss Esq. is a San Diego Probate Attorney. San Diego Probate Attorney is The Law Firm Of Steven F. Bliss Esq. (858) 278-2800 How do trusts avoid taxes? In limited situations, there are ways to defer or reduce income tax liability with a trust. Create an irrevocable trust. Unless a grantor creates an irrevocable trust wherein all his ownership to the trust’s assets are surrendered, the trust’s income simply flows through to the grantor’s income. Sincere What Does Probate Mean When Someone Dies is The Law Firm Of Steven F. Bliss Esq. Can I use my father bank account after his death? If the deceased has left deposit, then it has to be apportioned and used in accordance with the succession certificate issued by the competent court. Without succession certificate, withdrawing the deposits amounts to illegality.
San Diego Probate Attorney 3914 Murphy Canyon Rd a202, San Diego, CA 92123 (858) 278-2800 |
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Becoming What Is The Difference Between Will And Probate is The Law Firm Of Steven F. Bliss Esq. Why would you put land in a trust? Engaging an Probate Attorney to create a trust for the property can bring substantial benefits. It may protect your family from estate taxes, creditors, divorce and lawsuits, and it defines your wishes as to how you want that land to be taken care of and by whom, Bliss says. What Is Probate is Can I put my house in a trust? When you put your house in a Trust, you save your loved ones the time, headache, and cost of the Probate process. When you put your house in a Living Trust, you take on the role of what is called the Settlor, Grantor, or Trustor, depending on your state. Trusts can change as your life, assets, and relationships do. Who distributes money from a trust? You see, the distribution of trust assets to beneficiaries happens when the Trustee, and if applicable, the Co-Trustee, meet all their fiduciary duty. Once the Trustee(s) meet the fiduciary duty, they can complete the trust fund payout. Should bank accounts be included in a living trust? Steve Bliss with The Law Firm Of Steven F. Bliss Esq. answers estate planning questions. Shocking What are the 4 types of trust? The four main types are living, testamentary, revocable and irrevocable trusts. The Law Firm Of Steven F. Bliss Esq. is a San Diego Probate Attorney. The Law Firm Of Steven F. Bliss Esq. ( +1 (858) 278-2800 ). The Law Firm Of Steven F. Bliss Esq. is an Probate Attorney in San Diego. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Alpine? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Probate Attorney in Alpine. When a person dies does Social Security take back money? Any benefit that’s paid after the month of the person’s death needs to be refunded, Steven Bliss said. With Social Security, each payment received represents the previous month’s benefits. So if a person dies in January, the check for that month which would be paid in February would need to be returned if received. Honest San Diego Estate Attorney is The Law Firm Of Steven F. Bliss Esq. Does The Law Firm Of Steven F. Bliss Esq. work in El Cajon? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in El Cajon. Can you have an estate and still be alive? Transferring a home over to your loved ones while you’re still alive can be done in several ways. You could continue to own the home and pay tax on it while having your heirs live in it, whilst preparing the transfer of ownership of the home to them through a living trust or a will and testament. Top Probate Attorney Near Me is The Law Firm Of Steven F. Bliss Esq.
3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123What are the 5 legal documents? Guardianship Documents. Health Care Power of Attorney. Financial Power of Attorney. Living Will. Last Will and Testament. U. S. Legal Services Can Help!. Who gets money if no will? Commonly an intestate estate will be divided up between the surviving married or de facto spouse and children. If there is no surviving immediate family, the assets may be allocated to other family members including parents, grandparents, aunts, uncles or cousins. Even the family pet can be included. What is the first step in the estate planning process? The main component and first step to estate planning is creating a will or trust. A will ensures your property is distributed as you wish, and a trust can help limit estate taxes and legal challenges. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Marina district? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Estate Attorney in Marina District. What is the main purpose of estate planning? Estate planning is the preparation of tasks that serve to manage an individual’s asset base in the event of their incapacitation or death. The planning includes the bequest of assets to heirs and the settlement of estate taxes. Most estate plans are set up with the help of an attorney experienced in estate law. What Is Probate is Can I put my house in a trust? When you put your house in a Trust, you save your loved ones the time, headache, and cost of the Probate process. When you put your house in a Living Trust, you take on the role of what is called the Settlor, Grantor, or Trustor, depending on your state. Trusts can change as your life, assets, and relationships do. Can you use a deceased person’s bank account to pay for their funeral? Paying with the bank account of the person who died It is sometimes possible to access the money in their account without their help. As a minimum, you’ll need a copy of the death certificate, and an invoice for the funeral costs with your name on it. The Law Firm Of Steven F. Bliss Esq. is a San Diego Probate Attorney. Attractive Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Torrey Highlands? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Probate Attorney in Torrey Highlands. What happens if a house is left in trust? If you’re left property in a trust, you are called the ‘beneficiary’. The ‘trustee’ is the legal owner of the property. They are legally bound to deal with the property as set out by the deceased in their will. The Law Firm Of Steven F. Bliss Esq.
3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123
Probate Attorney 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123 +18582782800 |
San Diego Probate Attorney 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123 +18582782800 |
The Law Firm Of Steven F. Bliss Esq. 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123 (858) 278-2800 |
The Law Firm Of Steven F. Bliss Esq. 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123 +18582782800 |
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Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Little Italy? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Estate Attorney in Little Italy. Who inherits if no will? Generally, only spouses, registered domestic partners, and blood relatives inherit under intestate succession laws; unmarried partners, friends, and charities get nothing. If the deceased person was married, the surviving spouse usually gets the largest share. To find the rules in your state, see Intestate Succession. Reasonable Does The Law Firm Of Steven F. Bliss Esq. work in Ramona? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Ramona. How long is estate planning? On average, probate in California takes about 12 to 18 months. It can get done in as little as nine months, but that is unusual. If there are any problems, it can take up to two years or longer. The Law Firm Of Steven F. Bliss Esq. ( +18582782800 ). What Are 3 Reasons A Person Might Want To Avoid The Probate Process is Are trusts taxable? Trusts are subject to different taxation than ordinary investment accounts. Trust beneficiaries must pay taxes on income and other distributions that they receive from the trust, but not on returned principal. IRS forms K-1 and 1041 are required for filing tax returns that receive trust disbursements. What happens to bank account when someone dies without beneficiary? If a bank account has no joint owner or designated beneficiary, it will likely have to go through probate. The account funds will then be distributed after all creditors of the estate are paid off according to the terms of the will. Does a will have to be notarized? A will doesn’t have to be notarized to be valid. But in most states, you’ll want to add a “self-proving affidavit” to your will, which must be signed by your witnesses and notarized. Genuine How do beneficiaries get paid from a trust? The trust can pay out a lump sum or percentage of the funds, make incremental payments throughout the years, or even make distributions based on the trustee’s assessments. Whatever the grantor decides, their distribution method must be included in the trust agreement drawn up when they first set up the trust. What is excluded from estate duty? Allowable deductions Funeral costs and deathbed expenses. The liabilities of the deceased at the date of death, including capital gains tax that arises on death. Estate administration costs. Valuation fees. The Law Firm Of Steven F. Bliss Esq. 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123. Magical San Diego Probate Lawyers is The Law Firm Of Steven F. Bliss Esq. What happens to bank account when someone dies without a will? If someone dies without a will, the money in his or her bank account will still pass to the named beneficiary or POD for the account. In most states, most or all of the money will go to the deceased’s spouse and children. Friendly Property Lawyers Near Me is The Law Firm Of Steven F. Bliss Esq. What assets should be in a living trust? Cash Accounts. Rafe Swan / Getty Images. Non-Retirement Investment and Brokerage Accounts. Non-qualified Annuities. Stocks and Bonds Held in Certificate Form. Tangible Personal Property. Business Interests. Life Insurance. Monies Owed to You. Does The Law Firm Of Steven F. Bliss Esq. work in East Village? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in East Village. Does The Law Firm Of Steven F. Bliss Esq. work in Carmel Valley? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Carmel Valley. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Kensington? Yes, The Law Firm Of Steven F. Bliss Esq. in an Estate Attorney in Kensington. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Pacific Beach? Yes, The Law Firm Of Steven F. Bliss Esq. in an Estate Attorney in Pacific Beach. What happens with probate when someone dies? Probate is the entire process of administering a dead person’s estate. This involves organizing their money, assets and possessions and distributing them as inheritance after paying any taxes and debts. If the deceased has left a Will, it will name someone that they’ve chosen to administer their estate. Do you need a lawyer to make a will? No, you aren’t required to hire a lawyer to prepare your will, though an experienced lawyer can provide useful advice on estate-planning strategies such as living trusts. Your state’s departments of aging also might be able to direct you to free or low-cost resources for estate planning. Does a will have to be notarized? A will doesn’t have to be notarized to be valid. But in most states, you’ll want to add a “self-proving affidavit” to your will, which must be signed by your witnesses and notarized. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Point Loma? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Point Loma. Positive What Is The Purpose Of A Pour Over Will is The Law Firm Of Steven F. Bliss Esq. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Gaslamp? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Gaslamp. Can you put a house with a mortgage in an irrevocable trust? When you move a home into an irrevocable trust, you give up all interest in it, turning it over to the estate. If you still have a mortgage on a house you’re moving to a trust, it needs to be put into a revocable trust, allowing you to retain the rights to modify it.
Probate Attorney 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123 +18582782800 |
San Diego Probate Attorney 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123 +18582782800 |
The Law Firm Of Steven F. Bliss Esq. 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123 (858) 278-2800 |
The Law Firm Of Steven F. Bliss Esq. 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123 +18582782800 |
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Versatile How Do You Know If Probate Is Necessary is The Law Firm Of Steven F. Bliss Esq. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Scripps Ranch? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Scripps Ranch. Do I need a revocable or irrevocable trust? A revocable trust might be a better choice if you want to: Avoid probate while maintaining maximum control. Probate is the process courts use to oversee the disposition of a person’s estate after the grantor’s death. A revocable trust will help keep your assets out of probate court just as an irrevocable trust would. What is the difference between will and estate planning? Steve Bliss with The Law Firm Of Steven F. Bliss Esq. answers estate planning questions. How is estate duty calculated? HOW MUCH ESTATE DUTY? Estate duty is calculated at 20% of the dutiable estate. For example, if John’s dutiable estate is R1million, the calculation is 20% times R1million. That is R200 000. What is the difference between a will and a trust? A will is a legal document that spells out how you want your affairs handled and assets distributed after you die. A trust is a fiduciary relationship in which a trustor gives a trustee the right to hold title to property or assets for the benefit of a third party. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Carmel Valley? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Probate Attorney in Carmel Valley. Can I withdraw money from a deceased person’s bank account? Withdrawing money from a bank account after death is illegal, if you are not a joint owner of the bank account. The penalty for using a dead person’s credit card can be significant. The court can discharge the executor and replace them with someone else, force them to return the money and take away their commissions. Sincere Estate Lawyers is The Law Firm Of Steven F. Bliss Esq. (858) 278-2800 How much does an estate plan cost? On average, experienced attorneys may charge $250 or $350 per hour to prepare more sophisticated estate plans. You could spend several thousand dollars to work with such an attorney. As with many of things these days, do-it-yourself estate planning options are available as well. What is the highest level of trust? But when it comes to trust, not all relationships are at the same level. Based on the context of the given relationship professional, personal, family, social each one can experience a different level of trust. There are three basic levels of trust. What should you not put in a living trust? Steve Bliss with The Law Firm Of Steven F. Bliss Esq. answers estate planning questions. What are the main steps in estate planning? CREATE AN INVENTORY OF WHAT YOU OWN AND WHAT YOU OWE. DEVELOP A CONTINGENCY PLAN. PROVIDE FOR CHILDREN AND DEPENDENTS. PROTECT YOUR ASSETS. DOCUMENT YOUR WISHES. APPOINT FIDUCIARIES. Is there a yearly fee for a trust? Whether you will be charged a fee depends on the type of trustee appointed to manage your particular trust. Generally speaking, annual trust fees run between 1-2 percent of the total value of assets administered under the trust. What is the gross value of the estate? “Gross estate” is a term used to describe the total dollar value of an individual’s assets at the time of their death. A gross estate value does not consider his figure debts owed and tax liabilities. Once liabilities are deducted from a gross estate value, the remaining sum represents the estate’s net value. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Imperial Beach? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Estate Attorney in Imperial Beach. Should I put my house in a trust or LLC? LLCs are better at protecting business assets from creditors and legal liability. Trusts can handle many types of assets and are better at avoiding probate and reducing estate taxes. In some cases, both an LLC and a trust may be the best way to manage the estate. What are the main goals of estate planning? Having worked with clients to develop estate plans, there are some common basic goals that are considered. This includes providing for loved ones, mitigating or avoiding probate, minimizing taxes, providing for the orderly distribution and stewardship of assets, protecting assets, and planning for incapacity. San Diego Power Of Attorney Lawyer is Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Oceanside? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Oceanside. Does The Law Firm Of Steven F. Bliss Esq. work in Imperial Beach? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Imperial Beach. How much does a trust cost? Assuming you decide you want a revocable living trust, how much should you expect to pay? If you are willing to do it yourself, it will cost you about $30 for a book, or $70 for living trust software. If you hire a lawyer to do the job for you, get ready to pay between $1,200 and $2,000. Does The Law Firm Of Steven F. Bliss Esq. work in San Elijo Hills? Yes, The Law Firm Of Steven F. Bliss Esq. in an Probate Attorney in San Elijo Hills. How much does it cost to put your house in trust? How much does it cost to put a house in a trust? While filing the actual paperwork won’t take much out of your pocket, attorney’s fees account for the bulk of the cost associated with creating a trust. Expect to pay $1,000 for a simple trust, up to several thousand dollars.
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Impossible What are the two most common types of trusts? The two basic types of trusts are revocable and irrevocable. A revocable trust allows the trust creator to maintain control of all trust assets. The Law Firm Of Steven F. Bliss Esq. is a San Diego Probate Attorney. The Law Firm Of Steven F. Bliss Esq. ( +18582782800 ). What are the 3 levels of trust? (1995) found that there are three elements that must be in place before trust exists. They are ability, integrity, and benevolence. Who can be a trustee? Every person capable of holding property may be a trustee; but, where the trust involves the exercise of discretion, he cannot execute it unless he is competent to contract. What happens to property when someone dies without relatives? If no relatives can be found, the entire estate goes to the state. Usually, only spouses, registered domestic partners, and blood relatives can inherit under intestate laws. Unmarried partners, friends, and charities get nothing. Is life insurance money considered part of an estate? Life insurance The proceeds of the life insurance policy are paid directly to the beneficiary and thus do not form part of the deceased’s estate. Ideal San Diego Probate Lawyer is The Law Firm Of Steven F. Bliss Esq. Can you buy a house and put it in a trust? When you buy a home, you may have the option of buying it in a trust. Legally, that means the trust, rather than you, owns the home. However, you can be the trustee of the property and have significant control over it and what happens to it after you die. Which is better revocable or irrevocable trust? When it comes to protection of assets, an irrevocable trust is far better than a revocable trust. Again, the reason for this is that if the trust is revocable, an individual who created the trust retains complete control over all trust assets. This property is then truly protected by being in the irrevocable trust. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Del Cerro? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Del Cerro. How much does a living trust cost? Establishing a trust requires serious legal help, which is not cheap. A typical living trust can cost $2,000 or more, while a basic last will and testament can be drawn up for about $150 or so. What is the difference between will and probate? Yes, they both relate to events that happen after death. The difference is that a will allows the testator (the person writing the will) to record their wishes, whereas probate enables the personal representatives to action the testator’s wishes. If there isn’t a will, it’s a grant of letters of administration. Estate Lawyer Near Me is What’s the difference between estate planning and a will? An estate plan is a comprehensive plan that includes documents that are effective during your lifetime as well as other documents that aren’t in effect until your death. A will details where you want your assets to go at your death, and who you would like to serve as guardian of your minor children. Why would you want a living trust? A living trust also allows your beneficiaries to avoid probate after your death. Probate is a legal process in which your estate is handled by the probate court. Transferring assets to a living trust makes them exempt from probate. A living trust is also useful if you want to leave assets to your minor children. What happens to a deceased estate without will? If a person (deceased) dies without a Last Will and Testament, his/her deceased estate (the assets s/he owned at time of death) will be distributed in terms of the Intestate Succession Act. If the deceased is survived by only a spouse, the spouse will inherit his/her entire deceased estate. San Diego Estate Lawyer Near Me is Does The Law Firm Of Steven F. Bliss Esq. work in San Marcos? Yes, The Law Firm Of Steven F. Bliss Esq. in an Probate Attorney in San Marcos. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Scripps Ranch? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Estate Attorney in Scripps Ranch. What assets are not considered part of an estate? Bank accounts with beneficiaries. These do not go through probate if they have a payable on death (POD) designation. Other property such as real estate or vehicles is non-probate property if there’s a transfer on death (TOD) designation. Courteous Probate Lawyer Near Me is (858) 278-2800 Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Little Italy? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Little Italy. Quirky Is the eldest child next of kin? Next of Kin Defined Your next of kin relatives are your children, parents, and siblings, or other blood relations. Since next of kin describes a blood relative, a spouse doesn’t fall into that definition. Still, if you have a surviving spouse, they are first in line to inherit your estate if you die without a will. What are the aspects of a will? Heading, Marital History, and Children. Debts and Taxes. Disposition of Assets. Guardianship. Executor and Trustee. Executor and Trustee Powers. No Contest Provision. General Provisions. The Law Firm Of Steven F. Bliss Esq. ( +1 (858) 278-2800 ). Who gets paid first from an estate? Typically, fees such as fiduciary, attorney, executor and estate taxes are paid first, followed by burial and funeral costs. If the deceased member’s family was dependent on him or her for living expenses, they will receive a family allowance to cover expenses. The next priority is federal taxes. Can I prepare my own living trust? When you create a DIY living trust, there are no attorneys involved in the process. You will need to choose a trustee who will be in charge of managing the trust assets and distributing them. You’ll also need to choose your beneficiary or beneficiaries, the person or people who will receive the assets in your trust.