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James Smith - Las Vegas Attorney > Living Trust Attorney

Living Trust Attorney

"I Make House Calls! I believe that strongly that you MUST have a living trust to protect your assets, your estate, and your family" - James E. Smith

  • Do you Really Want the Public Administrator to Make your Life Decisions?
  • Or the Probate Court to Tie up your Estate for Years?

I have been creating living trusts for other folks just like you for more than 25 years. I am also regularly retained by high-end financial consultants and firms to create living trusts for their clients.

Call me now at 702-562-4209 to set an appointment for a free consultation.  During the call, we’ll strategize the best course of action for you to protect your estate.


Additional Types Of Trusts I Can Create For You

  • Special needs trust: allows the beneficiary to receive government benefits while having access to trust money for special needs that the government won’t provide, e.g., therapy, special diet, or better housing. The trustee has discretion to distribute trust money at his or her sole discretion for these extras.
  • Asset protection trust: protects your beneficiaries from their creditors
  • Irrevocable trust: this type of trust protects the beneficiary(ies) because the trustee cannot withdraw money from the trust.
  • Protective trust: assets are off limits to creditors because funds are accessible by the beneficiary only with the permission of the trustee.
  • Corporate trust: for a business, including asset protection
  • Nevada Asset Protection Trust: combines a revocable trust with protective trust benefits.
  • Charitable remainder trust: the initial trustee receives an IRS deduction for the trust assets while remaining in control of them until he or she passes away.

Frequently-asked questions about living trusts

What is a living trust?

A Living Trust is a legal entity to which you can transfer your property, be that real estate or an art collection. Doing so saves you greatly on estate taxes and allows your estate to avoid probate. This saves your heirs a great deal of trouble while it preserves your family estate. Property is often tied up in probate for years! You can avoid that by creating a trust to save your family the headache of probate.

What Happens After you Create the Living Trust for Me?

Once a Living Trust has been created, you transfer all of your property into it. Though you no longer technically own any of the property you have transferred into your Living Trust, you, as its initial trustee, retain the right to buy, sell, and transfer any property that now belongs to your Living Trust.

What Happens with my Trust After my Demise?

In the process of creating your Living Trust, you will choose a Successor Trustee; this individual takes over the management of the trust after your demise. If you are married, this is usually your spouse. If you are single, you choose the person you normally would have chosen as your heir if you’d created a Last Will and Testament. If you are married, you also name an Alternate Trustee, and again this person is the one you would have chosen as heir in a Last Will and Testament.

Your Successor and Alternate trustee(s) hold the same rights you held in the trust: in other words, s/he can also buy, sell, and transfer any property that belongs to what has now become your Successor Trustee’s Living Trust. And at that point, your Successor Trustee becomes the Trustee and names a Successor Trustee of his or her own. And your Living Trust keeps on living this way for generations and generations.

Do I have to pay taxes when I transfer property to my Living Trust?

No. There are no tax consequences for the transfers of property between you and your trust.

Does a Living Trust Protect Me in the Event I Become Incapacitated or Incompetent?

One of the documents in your trust package is called a Durable Power of Attorney. This document basically spells out in detail what your wishes are should you become unable to look after your own affairs. In it, you name a loved one or someone else you know and trust to handle your financial affairs should you become incompetent. Without a Durable Power of Attorney, the Public Administrator could end up making decisions for you instead of someone you love, know, and trust!

How Does a Living Trust Help me in the Event I’m on a Life-support System?

One of the documents in your Living Trust package is a Directive to Physicians, more commonly known as a Living Will. This document allows you to decide now while you are healthy and sound of mind whether you’d want to be kept alive by artificial means (life-support system) should you be unable to function on your own.

What if I Own Property That I Did Not Have time to Deed to my Living Trust Before my Demise?

Your complete trust package contains a Pourover Will. This will simply states that everything and anything that belongs to you that is not already in your trust at the time of your demise is automatically transferred into it in that event.

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Complete Living Trust Package


Package Includes

  • Revocable Trust
  • Durable Power of Attorney (medical and financial)
  • Directive to Physicians
  • Pour-over Will
  • Joint or Single Living Trust

BONUS: I will quitclaim your house to your new trust at no cost to you.

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