814 West Foothill Blvd.
Monrovia, CA 91016
Welcome to the Monrovia Law Firm Holland, Donnelly and Mishler. Providing vigorous representation to Trust, Estate & Probate clients in Monrovia and throughout the surrounding communities, our experienced Trusts Lawyer Timothy Mishler -
Monrovia Trusts Attorney Tim Mishler understands that the process of creating a Trust to care for your needs in the event of incapacitation and ensure that your property is disbursed according to your wishes upon death is often difficult. Mr. Mishler strives to reduce the stress and discomfort involved in the Trust creation process by treating all of his clients with compassion and respect, and paying attention to their goals and wishes.
Contact us at (626) 357-
A comprehensive, properly executed Trust can not only ensure that the Trustor’s wishes are carried out in case of incapacity or death, but also prevent later litigation pertaining to the validity of the Trust.
Attorney Timothy Mishler has extensive experience as a Trust Administrator, providing knowledgeable legal counsel regarding the broad range of Trusts that can be utilized as part of an effective Estate Plan, and drafting & reviewing trust documents, including:
In addition to providing skilled legal advice and executing Trusts, Monrovia Trusts Lawyer Tim Mishler helps clients amend and revoke their Trusts.
Lawyers at the Monrovia Law Firm Holland, Donnelly & Mishler have been offering trusted, experienced legal advice and representation to Estate, Trusts & Probate clients in the city of Monrovia and throughout Los Angeles County since 1959.
Please complete our Case Evaluation Form and Monrovia Trusts Lawyer Timothy Mishler will contact you to schedule a free in office consultation.
For immediate assistance, call (626) 357-
How are assets placed into a trust?
A trust can be a highly effective tool for protecting one’s assets after death. However, the trust can only control the assets that have been properly placed in it. When setting up a trust, it is critical to identify the assets that will be contained in that particular trust. Each asset needs to be individually evaluated so it can be properly added to the trust. Properties will need to be titled accurately. Stock, bank accounts, investments, and other monetary assets will need to be transferred through each individual financial institution. Most likely, this will involve completing numerous legal documents and banking forms. Enlisting the guidance of an experienced estate planning attorney can ensure assets are protected for future generations.
Can a trust supersede a will?
Both a will and a living trust can be useful and effective devices for estate planning. A trust becomes effective the moment it is created and funded. A will becomes effective only after death. Because the trust is already in action at the time of the trustor’s death, it supersedes the will in the event there are conflicts between the two documents. Because a will and a trust serve different purposes, inconsistencies are worked out by following the legal processes for each.
A will allows for the distribution of one’s property after death. A trust also allows for the distribution of assets after death, but the trust is only able to have control over those assets that have been properly titled and placed into it. In the event of a conflict, the trust would have precedence first with its assets while all other assets would be administered through the will.
A revocable living trust allows an estate to avoid the probate process. In California, estates not controlled by a trust must go through probate which tends to be costly and can take a long time. Extending the process of settling a loved one’s estate and adding unnecessary legal costs can add to the stress and emotional strain of families who are already dealing with loss. Assets in a living trust are eligible to be disbursed soon after a loved one’s death. However, it can be an advantage for the trustor to identify specific dates for distribution, such as choosing a later date or determining a significant birthday for a beneficiary to inherit the assets.
Another benefit of a living trust is that the records are private. Because the estate does not have to complete the probate process, the privacy of the trustor is safeguarded. In addition, the trustor has the ability to alter or dissolve the trust at any time during their life.
In California, an individual who “has standing,” or a legal interest, has the right and a limited amount of time to contest a will or trust. Because wills and trusts serve very different purposes, there are different ways to move forward with a will or trust dispute. There also are many reasons to legally contest a will or trust, including:
A beneficiary can also bring legal action if they believe the estate is not being administered properly. This may include the failure of a trustee to provide an accurate accounting, distribute assets, or invest trust assets. A trust litigation attorney can provide skilled guidance to resolve trust and will contests.
814 West Foothill Blvd.
Monrovia, CA 91016
Phone (626) 357-
Fax (626) 301-
The information contained herein is provided for informational purposes only and is not intended to serve as legal advice. You should not act or fail to act based on the information on this website. Prior results do not guarantee a similar outcome. Attorneys at Holland, Donnelly & Mishler are licensed to practice law in the State of California.
Monrovia Estate Planning