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Why are trusts useful for asset protection in California?


There are many types of trusts and many ways in which they can be useful. But I can go over the basic advantages for you.

Firstly, if you place your assets into a trust, they are generally seen as separate from your personal assets. This means if you face lawsuits or creditors, the assets in the trust may be shielded from claims against you personally.

Secondly, California, like many states, allows for the creation of irrevocable trusts, which, once established, cannot be easily changed or revoked. Since you no longer have control over these assets, they’re often not considered part of your estate for legal purposes. This separation can offer a strong layer of protection against creditors and legal judgments.

Furthermore, trusts can provide privacy. When you pass away, a will becomes a public record through the probate process, but a trust does not. This means the details of your estate and to whom you have left it can remain private.

For estates that might face significant taxes, trusts can be structured in a way to minimize estate and inheritance taxes, making sure more of your assets go to your intended beneficiaries rather than to tax payments. This is something a San Jose will and trust lawyer can help you navigate.

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