Trust Video Series

Why a Living Trust is the Only Intelligent Choice (Series 1 below)
The Intake and Information Process (Series 2 below)
Explanation and Purpose of Each Document (Series 3 below)

Series 1 Videos: Why a Living Trust is the Only Intelligent Choice

Many of you already know why you should have a trust — but just in case you don’t (or need a refresher) — these 6 short videos (totaling about 15 minutes) will give you a thorough understanding of why it is so important. (Much better than sitting through a seminar!). When you already know “why a trust” you can move on two the next two video series (series 2: the intake and information process and series 3: The explanation and purpose of each document)

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(1) Why A Living Trust — In A Nutshell (5min 12sec)
This presentation, discusses in a nutshell, why you should have a living trust (to avoid probate); what’s wrong with Probate; why Probate is synonymous with Wills (or if you do nothing); and (besides living trusts) warns against using alternative probate avoidance techniques (which is the subject of a separate video below).

 

Who Do You Want In Control

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(2) Who Do You Want In Control — The Government or Your Family (2min 58sec)
This presentation ask you to consider the most fundamental choice as to who you want in control — the government and lawyers or your family.  Contrary to what many fixate on (cost), control is arguably the most important issue of all. If you want the government and lawyers in control you’ll choose a Will and Probate; if you want your family in control you’ll choose a living trust. It is as simple as that!

 

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(3) The High Cost of Probate & Wills (2min 56sec)
The second important issue in Wills vs Trusts is how much you want it to cost to settle your estate. If you want to use a process that costs a great deal of money then you want to use the law of Wills and Probate.  If you want it to cost a whole lot less, then you want to use the law of Trusts.

Why a Living Trust In a Nutshell

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(4) The Endless Wait & Loss of Privacy In Probate (5min 22sec)
The average time to probate an estate is 1 to 2 years during which time your family will suffer through a complete loss of privacy as well as endless bureaucratic paper shuffling and court appearances, all before the estate is distributed. On the other hand, if you want to maintain privacy, keep your family in control and provide the potential for your estate settled very quickly, then you want to use a Living Trust.

 

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(5) Living Trusts Help Safely Manage Incapacity & Avoid Expensive Conservatorships (2min 42sec)
If you become incapacitated a Will does you no good at all and your loved ones will generally be forced to apply for a conservatorship — another very expensive and legally cumbersome process. A great aspect of a Living Trust is that you do not have to die for it to benefit you. A properly drawn Living Trust provides that upon your incapacity your pre-designated Successor Trustee takes over management.

 

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(6) Problems With Joint Tenancy & Other Alternative Probate Avoidance Techniques (2min 5sec)
In a single minded quest to avoid probate, people often make the mistake of utilizing alternative probate avoidance methods (other than a Living Trust). That is why the discussion cannot be confined to just the advantages of Living Trusts over Wills and probate; it must include the advantage of Living Trusts over all other alternative techniques. The poor-form methods include the misguided use of Joint Tenancy, adding someone to title, gift deeds of real property, granting signature power, and other inferior methodologies. (you can read about it instead of watching the video by clicking here.)

 

Series 2 Videos: The Intake and Information Process

In every law office trust process, there is information you must furnish, issues you need to know about, and choices you must make. That is the subject of this video series 2. (Note: If you are single you can skip the first two videos.)  Once you’ve completed this portion of the process, you can move on to video series 3 (The explanation and purpose of each document).

Click Here To Play Video On The Conflict Agreement & Community Property Worksheet

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(A) Married Conflict Agreement and Community Property Worksheet Explained (5 minutes): For married couples we start the living trust process discussing one of the most important and generous tax benefits available to those residing in community property states such as California. We call it the community property tax benefit and it often proves to be the single most valuable part of a comprehensive living trust process – so valuable that it has allowed countless surviving spouses to legally shelter hundreds of thousands, even millions of dollars from income taxation. Watch the video and learn more(or you can read about it instead by clicking here.)

Who Do You Want In Control

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(B) Married Trust Worksheet Explained (2min 52sec) This video discusses the new (2011) law of Portability, a welcome reform which now allows spouses to safely leave their estates outright to each other while still allowing the survivor to make use of the deceased spouse’s exemption to pass a potential total of $10+ million tax free. Portability essentially outdates the tax-need for complicated and restrictive AB sub-trusts. Watch the video and learn more(or you can read about it instead of watching the video by clicking here.)

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(1) Real Estate Worksheet Explained (2min 15sec) This video discusses the purpose of the real estate worksheet, which is to provide a current picture of your real estate holdings. For many this is simply your home; for others, you may own multiple properties. Whichever the case may be, if you want your trust to pass your real estate, it is vitally important that you record properly executed deeds transferring each property into the name of your trust. Watch the video and learn more.

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(2m) Completing The MARRIED Questionnaire (6min 10sec) This video guides you through the MARRIED trust questionnaire

[singles see (2S) below] where you provide us your names, childrens’ names, contact information, successor trustee names, and other information. We also confirm your intent on a few matters. To play the correct questionnaire video please click the appropriate selection depending if you are completing an in-office trust or a trust-by-mail. Watch the video and learn more.

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(2s) Completing The SINGLE Questionnaire (5min 30sec) This video guides you through the SINGLE trust questionnaire

[marrieds see (2M) above] where you provide us your names, childrens’ names, contact information, successor trustee names, and other information. We also confirm your intent on a few matters. To play the correct questionnaire video please click the appropriate selection depending if you are completing an in-office trust or a trust-by-mail. Watch the video and learn more.

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(3) Completing The Client Checklist (4min 58sec) This video provides an overview of the client checklist that confirms your understanding of important rules and disclosures related to your living trust. All clients must initial and sign acknowledging their understanding of these issues (such as the importance of titling your assets in the name of your trust, seeking legal advice at death, etc.).  Watch the video and learn more(or you can read about it instead of watching the video by clicking here.)

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(4) The Vital Importance of Titling Your Assets In The Name of Your Living Trust (4min 05sec) In this presentation, we provide an overview of titling your assets in the name of your trust. This is a very important topic, because if you want your trust to pass your assets, then you must title them in the name of your trust. Always remember and follow that simple rule because it is key to your trusts’ functionality and avoiding probate. Titling your assets in your trust is not difficult and on average it takes about 20 minutes per asset or account. Watch the video and learn more(You can read more about this as well as access, download and print the handout: “The Importance of Titling Your Assets In The Name of Your Trust” by clicking here.)

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(5) Beneficiary Designation Strategies For Life Insurance & Retirement Plan Accounts (3min 28sec) This presentation discusses strategies for handling Life Insurance and Qualified Retirement Plans (which you do not title in your trust). Fortunately, these assets can pass very easily without probate. All you need to do is designate whom you want the funds paid to in the event of your death. This is usually done on a beneficiary designation form where you generally name a primary beneficiary and a secondary, contingent, backup beneficiary. Watch the video and learn more. (or you can read about it instead of watching the video by clicking here.)

Series 3 Videos: Explanation and Purpose of Each Document

In this section you will find a series of short videos that thoroughly explain each of your trust documents including their importance and purpose. If needed, they will also guide you how to properly execute and notarize each document.

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(1) Overview of Your Living Trust Documents & Signing Them (2min 36sec)
Be sure to review this presentation, which provides a general overview of your living trust documents and overall guidance about signing and notarizing your documents. Remember, your trust documents are not effective until they are signed and notarized, which is why we strongly suggest you do both as soon as possible. Watch the video and learn more.
(you can read about it instead of watching the video by clicking here.)

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(2m) Your Married Trust Explained — Understanding & Signing It(3min 05sec)
The first document in your MARRIED trust package is the living trust itself (singles see below). This presentation helps you to understand your living trust. Don’t be intimidated by the number of pages because like all comprehensive trusts, it is comprised of a great deal of standard language. While this standard language may be necessary to a well functioning trust, few will find it to be exciting reading. That is why we choose to first focus your attention on the parts of the trust we believe are most relevant and personally important to you — and they can all be found in the first pages of your trust.   Watch the video and learn more(or you can read about it instead of watching the video by clicking here.)

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(2s) Your Single Trust Explained — Understanding & Signing It (2min 42sec)
The first document in your SINGLE trust package is the living trust itself (married see above). This presentation helps you to understand your living trust. Don’t be intimidated by the number of pages because like all comprehensive trusts, it is comprised of a great deal of standard language. While this standard language may be necessary to a well functioning trust, few will find it to be exciting reading. That is why we choose to first focus your attention on the parts of the trust we believe are most relevant and personally important to you — and they can all be found in the first pages of your trust.  Watch the video and learn more(or you can read about it instead of watching the video by clicking here.) 

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(3)  Trust Estate — Master Transfer & Assignment of Assets — Purpose, Explanation & Instructions (1min 57sec)
This presentation details how this document acts as a general assignment and declaration that you presently intend all of your assets to be a part of and governed by your trust — including all household and personal effects. It is intended as an emergency backup between now and when you are able to formally title each asset in your trust. Watch the video and learn more(or you can read about it instead of watching the video by clicking here.)

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(4) The Pour-Over Will — Purpose, Explanation & Instructions (3min 17sec)
This presentation details the main purpose of the Pour-Over Will, which is to act as another backup device that allows your trust to gain control of any stray assets left outside of your trust. In other words if you happen to die with assets that are not titled in your trust and there is no other way to get to them, then the “Pour-Over Will” can be used as a final resort to gain legal control over the assets.  Watch the video and learn more(or you can read about it instead of watching the video by clicking here.)

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(5) Guardianship for Minor Children — Purpose, Explanation & Instructions(49 sec)
If you have minor children, this document nominates those you wish to act as guardians for your minor children in case something happens to you. Assuming you have minor children, please sign and date your Nomination of Guardianship document. Watch the video and learn more.
(or you can read about it instead of watching the video by clicking here.)

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(6) The Community Property Agreement for Married Couples — Explanation & Instructions (1min 56sec)
The purpose of this document is to help secure the double stepped-up basis available to community property assets. It simultaneously overrides Joint-Tenancy designations and helps satisfy the IRS written requirements to qualify for this benefit. Again, this one page agreement often ends up being the single most valuable and beneficial document a married couple signs in the estate planning process. That said, any spouse concerned about preserving potential separate property rights should decline to sign this document. Watch the video and learn more(or you can read about it instead of watching the video by clicking here.)

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(7) Deeds (for transferring your real estate) — Explanation & Instructions (1min 56sec)
This presentation discusses the included deeds whose purpose is to transfer and title your real estate property in the name of your living trust. Whether you own a whole or partial interest in real estate, if you want your trust to pass the property it is vitally important that you correctly execute and record a separate deed for each property conveying and transferring that property to your trust. Watch the video and learn more.
(or you can read about it instead of watching the video by clicking here.)

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(8) Preliminary Change of Ownership Report (PCOR) — Purpose, Explanation & Instructions (2min 44sec)
In order to record your deed in California, it must be accompanied by a signed Preliminary Change of Ownership Report. The main purpose of the PCOR is to inform the county what type of transfer is occurring. Other states have similar forms for similar purposes. In California and almost every state you are essentially informing them it is a transfer to your revocable living trust and thus exempt from reassessment.  Watch the video and learn more(or you can read about it instead of watching the video by clicking here.)

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(9) Durable Power of Attorney For Finances — Purpose, Explanation & Instructions (3min 04sec)
It is important to remember your trust only covers trust assets, which still leaves a certain gap in your affairs. Most want to address these gaps by executing a broad based, immediately vesting Power of Attorney, which we include as part of the trust package. However, if you are at all uncomfortable presently granting someone this power then do not sign this document. Otherwise you are welcome to use this one. Please be sure to watch this video(or you can read about it instead of watching the video by clicking here.) 

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(10) Advance Health Care Directive — Purpose, Explanation & Instructions (7min 39sec)
This presentation discusses the included Advance Health Care Directive, which is the new terminology for a document that combines the functions of the both the Living Will and Power of Attorney for Health Care. This is now the most up to date, comprehensive document for stating your health care wishes and empowering someone to interface with medical personnel and make decisions in case you are unable. Please be sure to watch this video(or you can read about it instead of watching the video by clicking here.)

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(11) Recording Your Deed(s) With The County Recorder — Explanation & Instructions (4min 50sec)
Once your deed is signed and notarized, the next step is to record it. This presentation gives you step-by-step instructions. You can record a deed in person or by mailing it to the recorders office in the county in which the property sits. Pleas carefully follow all instructions for doing so. Please be sure to watch this video.
(or you can read about it instead of watching the video by clicking here.)

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(12) Safekeeping Your Documents, E-Copies, & Record Keeping — Suggestions & Guidance (5min 01sec)
When it comes to your paper documents our suggestion is to keep your trust originals in a secure place, such as a safety deposit box or safe, or at the very least, store the original and a copy in two different locations. We also offer electronic copies of your trust documents in an Adobe Acrobat, PDF format. We also discuss maintaining an accessible, up-to-date outline of your finances, accounts and other data. Please be sure to watch this video(or you can read about it instead of watching the video by clicking here.)

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(13) An Explanation of Your Trust Binder Package (In-Office Clients Only) (1min 46sec)
Once you complete your trust all of your signed original documents will be given to you in a clear plastic envelope along with a trust management binder containing a full, page for page copy of all of your documents. Again, we do not retain your trust originals – you do. Be sure to safeguard them. Please be sure to watch this video.