A clear plan for your wishes. A more private path for your family.
A properly funded revocable living trust allows the trustee you choose to manage and distribute trust assets without the usual probate process. During your lifetime, you generally retain the flexibility to manage your property and revise your wishes. For your family, the result can be a more orderly and private transition.
Probate avoidance applies to assets properly held in the trust. Court proceedings may still be needed in some circumstances.
Your home and savings, passed on your terms
A revocable living trust can hold your home, accounts and other assets during your lifetime. You usually serve as your own trustee and can continue to manage your property, subject to your capacity, the trust’s terms and, for a joint trust, the rights of your co-settlor.
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If you pass away or can no longer manage your affairs, the successor trustee you chose steps in. For assets properly held in the trust, the trustee can generally act without formal probate, which usually means greater privacy than a court process.
A trust avoids probate only for property properly held in it, so putting the right assets in the trust matters as much as signing it. We explain the appropriate steps for your property and accounts.
Most California homeowners and parents
A living trust is usually worth it if any of these apply to you:
- You own a home or rental property in California
- You have minor children, or adult children you want to protect
- You want to spare your family the cost, delay and publicity of probate
- You want a plan in place if illness or injury leaves you unable to manage your affairs
- You have a blended family or specific wishes about who receives what
Your plan and available services
We prepare your trust and supporting documents with careful attention to your wishes, then guide you through the steps that put your plan into effect. For your California real property, our deed preparation and recording services offer the convenience of having our office coordinate this important part of the process.
- Revocable living trust
- Pour-over will
- Durable power of attorney
- Advance health care directive
- Guidance on trust funding and coordinated beneficiary designations
- Professional preparation and coordination of recording for your California real property, available for a separate fee
Deed preparation and recording services are available for a separate fee; county recording charges and other costs are billed separately. We explain the scope and cost before you decide how you would like to proceed.
How we work together
- Step 1: Gather your information
- Step 2: Design consultation
- Step 3: Review your documents
- Step 4: Sign & fund your plan
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- 1. Gather your information. Our team sends a simple questionnaire and organizes your family, property and account details before we meet.
- 2. Design consultation. We meet, usually by Zoom, to design your plan: who receives what, who is in charge and how to protect your children.
- 3. Review your documents. Your completed plan is prepared from our design meeting and sent to you to review before signing.
- 4. Sign & fund your plan. We guide you through signing with the witnesses and/or notary appropriate to each document, then explain how to place the right assets in your trust. For clients who prefer the convenience of our assistance, California deed preparation and recording services are available for a separate fee.
A member of our staff will call you to learn about your needs, explain our fees, and schedule your appointment. See the full process on the What to expect page.
Living trust vs. probate
With a living trust
- Youassets held in your trust
- steps in at death or incapacity
- Successor trusteemanages trust assets
- distributes under the trust’s terms
- Your family
Generally avoids formal probate for trust assets · usually more private than probate
Without a trust: probate
- Youassets in your own name
- executor petitions the court
- Probate courtpetition, notices, inventory, approval
- distributes after court approval
- Your family
Public court record · often a year or more · fees set by law
Living trust vs. probate
With a living trust
- Youassets held in your trust
- then: steps in at death or incapacity
- Successor trusteemanages trust assets
- then: distributes under the trust’s terms
- Your family
Generally avoids formal probate for trust assets · usually more private than probate
Without a trust: probate
- Youassets in your own name
- then: executor petitions the court
- Probate courtpetition, notices, inventory, approval
- then: distributes after court approval
- Your family
Public court record · often a year or more · fees set by law
Articles on this topic
“Had a great experience getting trust documents set up with ATI. Office staff David and Joey were very professional and efficient. Lawyer Cynthia Lee was well informed and addressed all of my questions. Highly recommend them!”
Testimonials describe individual experiences. Results depend on the facts and law applicable to each matter and will differ when those facts differ.
Does having a will avoid probate?
A will provides important instructions for your estate, but it does not, by itself, avoid probate. Many homeowners use a living trust together with a pour-over will, allowing the documents to serve complementary purposes.
Will I lose control of my property?
Generally not. With a revocable trust you usually serve as your own trustee and can manage, sell or refinance trust property and revise the trust, subject to your capacity, its terms and, for a joint trust, the rights of your co-settlor.
Does a trust change my property taxes or income taxes?
Moving your home into your own revocable trust generally does not change your property tax assessment or your income taxes. We review your situation, including how your home may pass to your children, as part of the plan.
Should I tell my insurance company about the trust?
Yes. Once your home or other real property is transferred to your trust, contact your homeowner’s or landlord insurance agent and ask that your trust, through its trustee, be added to the policy as an additional insured, so your coverage reflects the property’s new ownership. Your agent can confirm the appropriate wording for your policy.
What happens to assets left outside the trust?
A pour-over will provides an important safeguard by directing them to your trust, but assets passing through a pour-over will may require probate. Retirement accounts and life insurance generally call for coordinated beneficiary designations rather than retitling into the trust.
Your employer’s legal plan may provide benefits toward estate planning services. We can help identify the services to review with your plan provider; coverage and any client responsibility depend on your benefits and the work involved.
- MetLife Legal Plans
- ARAG
- LegalEase
- Exemplar Legal
Ready to put your trust in place?
Meetings are by appointment, weekdays 9:30 AM – 5:00 PM, by Zoom or at our offices. Call 888.380.2288 or 415.693.8882, or request a time online. Consultations in English, Cantonese or Mandarin.