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Living Trusts

California Living Trust Attorney

Revocable living trusts, and the funding step that makes them work

A revocable living trust is a common foundation for a California estate plan. It holds title to assets during life, provides for management if the person who created it becomes unable to act, and directs how property passes afterwards.

What a living trust can address

  • Administration of assets without probate for property held in the trust.
  • Management of affairs during incapacity, without a court proceeding.
  • Privacy, since a trust is not filed publicly in the way a probated will is.
  • Instructions for how and when beneficiaries receive property.

A trust is not a complete plan on its own

Most plans pair the trust with a pour-over will, a durable power of attorney and an advance health care directive. The will covers anything not transferred into the trust, and the other documents cover decisions during life.

Funding: the step most often left undone

A trust governs only what it holds. Funding means retitling real property, updating account registrations, and reviewing beneficiary designations on assets that pass by designation, such as retirement accounts and life insurance. ES LAW GROUP handles trust funding and business assignments to trusts as part of the plan.

Amendments and restatements

Circumstances change. An amendment adjusts specific provisions, while a restatement replaces the terms of an existing trust without creating a new one. Which is appropriate depends on how much is changing.

Consultation and document-preparation fees depend on the scope of services. The fee and included work are explained before representation begins and confirmed in a written agreement.

This page is general information about California matters and is not legal advice about your situation. Whether representation is available depends on the facts of the individual case.

Schedule an Estate Planning Consultation

Consultation and document-preparation fees depend on the scope of services and are explained before representation begins.

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