The Law Offices of Michelle Evans provides family law and estate planning services,
helping people in the communities of Westlake Village, Thousand Oaks, Simi Valley,
Moorpark, Camarillo, Oxnard, Ventura, Carpinteria, Santa Barbara, Ojai, Goleta, Santa
Maria, and the Santa Rosa Valley.
Michelle Evans is a California State Bar Certified Attorney with offices in Ventura
County and Santa Barbara County. Family Law issues include: Divorce, Spousal / Child
Support, and Child Custody.
The Law Offices of Michelle Evans Copyright � 2014 All Rights Reserved
Estate Planning Options in Ventura and Santa Barbara
Although a Will instructs how your estate should be distributed upon your death,
a Trust is an important tool that can ensure the process of distributing your assets
is efficient. Trusts can save legal costs, avoid court proceedings, and even prevent
How Wills are Limited in Estate Planning
A Will expresses the deceased person's wishes to both the court and the executor
that is named in the Will. However, the Courts still rule over the actual transfer
of the assets. This is typically done in Probate Court and can take significant time
and money. Another disadvantage of a Will is that a married couple with substantial
assets may have to pay federal estate taxes when assets transfer to family members.
Related to the care of children, Wills simply name a legal guardian for your minor
children - a Will does not set up a financial care framework to the extent that a
Only a Lawyer Can Give You Legal Advice about Wills and Trusts
At the Law Offices of Michelle Evans, we provide experienced counsel and assistance
for clients who want to create a secure Estate Plan for their loved ones. We can
design legally protected strategies that will give you peace of mind today that your
wishes will be respected in the future, and save time, money, and grief. Contact
us to schedule an appointment at our Santa Barbara or Ventura office – email our
office or call 805-242-6270.
What is a Living Trust?
Like a Will, a Living Trust is an estate planning document enabling you to give your
money and/or property to your loved ones after you pass away. However, a Living Trust
can frequently operate free of court supervision, unlike a Will, this is because
a Trust is a legal document that holds title or ownership to your real property and
assets. When you create a Trust you transfer ownership of your assets to the Trust,
but you do not relinquish any control. You can still buy, sell, borrow or transfer
assets into or out of the Trust. Living Trusts can be set us as revocable, which
means they can be changed or revoked at any time. Typically, the Trust becomes irrevocable
or unchangeable after your death. This allows you control over the trust while you
are alive, but secures your plans after your death.
How Living Trusts Help Avoid Probate Court in California?
Probate is a Court proceeding used to clear the titles of estates (the ownership
of assets). However, for Probate purposes, any assets placed in the Living Trust
are not considered subject to Probate. Additionally, if the assets not placed in
the trust fall below monetary limits, Probate can be completely avoided for the estate.
This saves considerable time, money, and court proceedings (the Probate process typically
takes between 4-8 months).
Questions about Wills vs. Trusts for Estate Planning? Schedule an Attorney Consultation
Spend the time today to plan for a better tomorrow by learning more about the benefits
of a Living Trusts and how to best protect your assets. Call at 805-242-6270 to
speak with the Law Offices of Michelle Evans. A no-obligation consultation can be
scheduled at our Santa Barbara office or our Ventura office.