Trusts and How to Avoid Probate

Many people establish trusts so that their families can avoid probate. But what happens when there is a trust but all the estate property is not in the trust? Talk to a probate and trust lawyer at the Coggins & Johnston law firm in Rocklin, California.

Probate Law and Trust Lawyers
A trust can avoid the time, costs and public records of probate court. When property and money that belongs in a trust is not there, what can you and your probate lawyer do?

• 850 Petition
  You can file an 850 petition with the probate court and request to have property put into the trust that your loved one established for that purpose. This petition, if successful, can save your family the time and cost of probate.

To learn more about trusts and avoiding probate, see our Wills and Trusts page.

Why is there no property in the trust?

• Unfunded Trust
  Often someone will establish a trust and then neglect to fund the trust. An 850 petition may rectify that problem.
• Property Removed from Trust
  Sometimes a person will take real property out of a living trust in order to refinance it and then forget to return the property to the trust. Talk to your probate lawyer about a petition to the probate court.

If you are establishing a trust for your own heirs, remember that avoiding probate depends on funding and maintaining the trusts.

When you need a law firm that has a solid foundation of experience, a sincere interest in helping you, and an in-depth understanding of the law, contact the Coggins & Johnston law firm. There is no charge for the initial consultation.

Call (916) 797-1397 for a free consultation with a business law attorney at our Rocklin office near Douglas and Eureka.