A San Diego California Pot Testamentary Trust is a legal arrangement where a person's assets, commonly referred to as a "pot," are set aside and managed by a trustee for the benefit of beneficiaries. This trust is created through a person's last will and testament and only becomes effective after their death. In San Diego, California, there are various types of Pot Testamentary Trusts which can be established based on the specific needs and circumstances of the granter. 1. Revocable Pot Testamentary Trust: This is a type of trust where the granter retains the power to make changes or revoke it during their lifetime. It provides flexibility as the granter can modify the terms of the trust in response to changing circumstances. 2. Irrevocable Pot Testamentary Trust: In contrast to a revocable trust, an irrevocable Pot Testamentary Trust cannot be modified or revoked after it is established. Once assets are transferred into this trust, they are no longer considered part of the granter's estate, offering potential tax benefits and asset protection. 3. Special Needs Pot Testamentary Trust: This type of trust is designed to provide financial support for disabled individuals without jeopardizing their eligibility for government assistance programs. It ensures that the beneficiary can receive a discretionary income, supplementing their needs without affecting their eligibility status. 4. Charitable Pot Testamentary Trust: Also known as a Charitable Remainder Pot Testamentary Trust, this type of trust allows the granter to donate assets to a selected charity while retaining income generated by those assets during their lifetime. Upon the granter's death, the remaining assets are distributed to the chosen charitable organization. 5. Credit Shelter Pot Testamentary Trust: This trust is primarily used to maximize estate tax exemptions for married couples. By funding the trust with an amount up to the current tax exemption, the assets held within it will pass to the named beneficiaries tax-free upon the death of the surviving spouse. In summary, a San Diego California Pot Testamentary Trust is a legal instrument used to manage and distribute a person's assets after their death. It offers various types to suit different needs, including revocable, irrevocable, special needs, charitable, and credit shelter trusts. Understanding the available options helps individuals ensure their assets are distributed according to their wishes and potentially minimize tax implications.