Estate Planning

A Will goes into effect after you die and usually requires probate (a court-supervised process). A Trust goes into effect immediately, remains private, and meant to allow your estate to bypass the probate court entirely.

Usually, yes. When you have a trust, we include a "Pour-Over Will." This acts as a safety net to catch any assets you forgot to put into your trust and "pours" them into the trust upon your death.

It is a flexible legal document that holds your assets while you are alive. You maintain full control (as the Trustee) and can change or revoke it at any time. It is the primary tool used in California to avoid probate.

This is a trust that generally cannot be changed or canceled once it is created. It is often used for specific goals like reducing estate taxes, protecting assets from creditors, or qualifying for government benefits (like Medi-Cal).

For most California homeowners, a Trust is superior. California’s probate fees are set by statute and are very high. A trust saves your family time, money, and the stress of a public court proceeding.

Yes, but only if it is "funded." This means you must legally transfer the titles of your assets (like your home or bank accounts) into the name of the trust.

If it is a Revocable Living Trust, yes. You can update beneficiaries, change your successor trustee, or add/remove assets via an amendment or a restatement.

The trust becomes irrevocable. Your named Successor Trustee takes over, pays any final debts/taxes, and distributes the remaining assets to your beneficiaries according to your instructions, without court intervention.

You are usually the initial trustee. For your successor, you can choose a responsible adult child, a trusted friend, or a professional fiduciary/bank. They should be someone who is organized and financially responsible.

Real estate, non-retirement bank accounts, brokerage accounts, and business interests. Retirement accounts (like IRAs) and life insurance are usually handled via beneficiary designations, though they can sometimes be linked to the trust for specific reasons.