Revocable Living Trust Attorneys
A revocable living trust is the foundation of most California estate plans. It allows you to maintain full control of your assets during your lifetime, provides seamless management if you become incapacitated, and transfers your estate to your beneficiaries without the cost, delay, and public exposure of probate. Our attorneys create trusts built around your family, your goals, and your life.
WHY IT MATTERS
What Happens Without a Revocable Living Trust?
Without a properly funded revocable living trust, your family may face a lengthy and expensive court process to access your assets, even if you have a Will. California probate can take over a year, cost thousands of dollars in fees, and make your financial affairs a matter of public record. A revocable living trust prevents all of this.
Your Estate Goes Through Probate
A Will alone does not avoid probate in California. Without a trust, your estate must go through a court-supervised process that typically takes 12 to 18 months. Statutory fees for attorneys and executors are set by law and can reach tens of thousands of dollars, reducing what your family ultimately receives.
No Plan for Incapacity
Without a trust, your family may need to petition the court for a conservatorship if you become unable to manage your affairs. This process is costly, time-consuming, and emotionally difficult.
Your Financial Affairs Become Public
Probate is a public proceeding. Anyone can access the court file to see what you owned, what you owed, and who your beneficiaries are. A revocable living trust keeps your estate administration private, protecting your family from unwanted attention and potential exploitation.
PROTECT WHAT MATTERS MOST
Find Out If a Revocable Living Trust Is Right for You
Most California families benefit from a revocable living trust, but every situation is different. In a free, no-obligation consultation, our estate planning attorneys will review your circumstances and help you understand your options.
YOUR TRUST-BASED ESTATE PLAN
What Your Trust Plan May Include
A revocable living trust is the centerpiece of your plan, but a comprehensive trust-based estate plan includes several supporting documents that work together to protect you, your family, and your assets.
Revocable Living Trust
The core document that holds title to your assets, names your beneficiaries, and provides detailed instructions for how your estate should be managed and distributed. Because you serve as your own trustee, you retain full control during your lifetime.
Pour-Over Will
A safety net that works alongside your trust. Any assets not transferred into the trust during your lifetime are directed ("poured over") into the trust at death, ensuring everything is distributed according to your trust instructions.
Certificate of Trust
A summary document that confirms the existence and key terms of your trust without disclosing private details. Banks, title companies, and financial institutions often require this when you retitle assets into your trust.
Financial Power of Attorney
Designates a trusted person to manage your financial matters, including bank accounts, investments, and real property, if you become unable to do so yourself. This avoids the need for a court-appointed conservator.
Advance Healthcare Directive
Documents your preferences for medical treatment, end-of-life care, and organ donation, and appoints a healthcare agent to make decisions on your behalf if you cannot communicate your wishes.
Trust Funding Guidance
A trust only works if your assets are properly titled in the name of the trust. We provide clear, step-by-step guidance to help you transfer real estate, bank accounts, investment accounts, and other assets into your trust.
COMMON QUESTIONS
Revocable Living Trust FAQs
What is a revocable living trust?
A revocable living trust is a legal document that holds title to your assets during your lifetime and provides instructions for how those assets should be managed and distributed. You serve as your own trustee and retain full control. Because the trust owns your assets (not you personally), your estate avoids the probate process when you pass away.
How is a revocable living trust different from a Will?
A will takes effect only after death and must go through probate before your wishes can be carried out. A revocable living trust takes effect as soon as it is created, avoids probate entirely, provides management of your assets if you become incapacitated, and keeps your estate administration private. Most California estate plans benefit from including both a trust and a pour-over will.
Can I change or revoke my trust after it is created?
Yes. A revocable living trust can be amended, restated, or completely revoked at any time as long as you have the legal capacity to do so. This flexibility is one of the primary advantages of a revocable trust. As your life circumstances change, your trust can change with you.
What is trust funding and why does it matter?
Trust funding is the process of transferring ownership of your assets (real estate, bank accounts, investment accounts, and other property) into the name of your trust. A trust can only avoid probate for assets it actually holds. If assets are left outside the trust, they may still need to go through probate. Proper funding is a critical step that we guide every client through.
Does a revocable living trust protect my assets from creditors?
During your lifetime, a revocable living trust does not provide asset protection from your own creditors because you retain control of the trust assets. However, your trust can include provisions that protect distributions to your beneficiaries from their creditors, lawsuits, or divorce. If asset protection during your lifetime is a priority, we can discuss additional strategies during your consultation.
How much does it cost to set up a revocable living trust in California?
The cost depends on the complexity of your estate, the number of beneficiaries, and whether your plan requires additional provisions such as special needs planning or tax strategies. We provide transparent pricing during your initial consultation so you know exactly what to expect before you commit.
What happens if I need estate planning urgently due to a health crisis?
Davis & Davis LLP specializes in emergency estate planning. If you or a family member is facing a medical emergency, we can act quickly, including meeting in hospitals or homes, to ensure your trust and related documents are legally established when time is critical.
Serving Families Across the San Fernando Valley and Los Angeles
Davis & Davis LLP is based in Porter Ranch, California, and provides estate planning services to families and individuals throughout the San Fernando Valley, greater Los Angeles, and the state of California.