If services are needed, together, we’ll fill out an information packet for the attorney so he can make the appropriate recommendations to assist you. If a Revocable Living Trust is what is recommended, these are the list of documents he will prepare for you: Revocable Living Trust, Certificate and Summery of Trust, Pour-Over Will, Power of Attorney, Health Care Directive, Nomination of Guardian and an Asset Transfer document for your property. You do not have to use the attorneys I work with. If you do, I can control the two most important features of the setup of your trust: cost and quality of your estate document package.
Once completed, the rough draft of your documents will be sent to you to be proofed. If no corrections are needed, it only takes about 3-4 weeks to receive these necessary documents back from the attorney. I will come out to see you personally to complete all the necessary notary work and start the initial funding process of retitling your assets into the name of your trust. The term funding simply refers to your assets being re-titled out of your personal name and into the name of your trust. If your assets are re-titled in the name of your trust, the state has no assets to probate because nothing is in your name. You and your spouse retain control of your assets. I give very special attention to this vital part of your trust.
Why is the funding process so vitally important? If your assets are not funded in your trust, your trust isn’t being used the way it is intended; to avoid probate and to eliminate guardianship on your assets if you become incapacitated.
Why go through the trouble of setting it up if you’re not going to fund it!