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A living trust is a legal document that holds your assets during your lifetime and transfers them to your beneficiaries when you die — without going through probate court. In California, a properly funded living trust avoids the expensive probate process, which costs 4-7% of your estate value and takes 12-18 months. The trust is "revocable," meaning you can change or cancel it anytime. You remain in full control of your assets as the trustee, and when you pass away or become incapacitated, your chosen successor trustee takes over management and distribution.
If you own real estate in California or have assets exceeding $184,500, you almost certainly need a living trust. Without one, your estate must go through California probate, which costs approximately $46,000 for a $1 million estate and takes 12-18 months. For a typical California home worth $800,000-$1.5 million, probate fees range from $36,000-$56,000+. A living trust avoids probate entirely, saving your family tens of thousands of dollars and over a year of court proceedings. The Law Offices of Rozsa Gyene offers living trusts starting at $575.
A will goes through probate court after you die (12-18 months, 4-7% in fees, public record). A living trust avoids probate entirely — assets transfer privately to beneficiaries within weeks, with no court involvement. Both documents name beneficiaries, but only a living trust avoids California's expensive probate process. For California homeowners, a living trust typically saves $30,000-$60,000+ in probate costs while keeping your estate completely private.
A revocable living trust can be changed, amended, or canceled at any time during your lifetime — you maintain full control. An irrevocable trust cannot be changed once created and removes assets from your estate permanently. Most California families use revocable trusts for basic estate planning. Irrevocable trusts are used for specific purposes like asset protection, Medicaid planning, or estate tax reduction for estates exceeding $13.61 million.
Yes. Most people serve as their own trustee (or co-trustees for married couples) and maintain complete control over their assets. You can buy, sell, refinance, and manage property exactly as before — the only difference is that title is held in the trust's name. When you die or become incapacitated, your named successor trustee takes over, avoiding the need for court-appointed conservators or the probate process.
Your living trust should hold: real estate (your home and any investment properties), bank accounts, brokerage accounts, business interests, vehicles (in some cases), and valuable personal property. Assets that should NOT go in your trust include: retirement accounts (401k, IRA), life insurance policies (name beneficiaries directly), and health savings accounts. Proper trust funding is critical — an unfunded trust doesn't avoid probate. We help clients transfer all appropriate assets after signing.
Trust funding is the process of transferring your assets into your living trust's name. This is the most critical step in estate planning — an unfunded trust is useless and your estate will still go through probate. Funding includes: recording a new deed for your home, retitling bank accounts, updating brokerage account ownership, and assigning business interests. Many attorneys create trusts but don't help with funding; we include comprehensive funding guidance with every living trust package.
Creating a living trust typically takes 2-4 weeks from initial consultation to signing. The process includes: consultation to understand your goals (1 meeting), document drafting (3-7 days), client review period, signing appointment with notarization, and trust funding assistance. For clients with urgent needs, expedited service is available. The Law Offices of Rozsa Gyene offers flexible scheduling including video consultations and mobile notary services.
While online services exist, they carry significant risks. Generic templates often fail to address California-specific requirements, complex family situations, or proper funding procedures. Many online trusts are never properly funded, rendering them useless. An improperly drafted trust can fail to avoid probate or create unintended tax consequences. For a document this important, working with an experienced California attorney ensures your trust actually works. Our attorney-prepared trusts start at just $575 — comparable to online services but with personalized legal guidance.
You should review your living trust every 3-5 years or after major life events including: marriage or divorce, birth or death of beneficiaries, significant asset changes (buying/selling property), moving to a new state, changes in tax laws, or if your chosen trustees/agents can no longer serve. Trust amendments for minor changes cost $350-$550; complete trust restatements for major changes cost $850+. The Law Offices of Rozsa Gyene provides ongoing support to keep your estate plan current.
When you die, your successor trustee takes over immediately — no court involvement required. They will: notify beneficiaries, gather trust assets, pay final debts and taxes, file your final tax return, and distribute assets according to your trust instructions. This process typically takes 3-6 months, compared to 12-18 months for probate. Your estate remains completely private, and beneficiaries receive their inheritance much faster than through probate.
Yes, but it's more difficult than contesting a will. Trust contests must be filed within 120 days of receiving notice of the trust and require grounds such as: lack of mental capacity, undue influence, fraud, or improper execution. Because trusts don't go through probate court, there's less opportunity for disgruntled family members to contest. Proper drafting and execution with an experienced attorney reduces contest risk significantly.
A standard revocable living trust does NOT protect assets from your creditors during your lifetime — you still own and control the assets. However, certain irrevocable trusts can provide creditor protection. For asset protection planning, specialized trusts like Domestic Asset Protection Trusts (DAPTs), Irrevocable Life Insurance Trusts (ILITs), or offshore trusts may be appropriate. The Law Offices of Rozsa Gyene can evaluate your situation and recommend appropriate strategies.
A standard revocable living trust does not reduce estate taxes — assets remain part of your taxable estate. However, for married couples with combined estates exceeding $13.61 million (2024 federal exemption), A-B trust provisions can maximize both spouses' exemptions. California has no state estate tax. For high-net-worth clients, advanced planning strategies including irrevocable trusts, charitable trusts, and gifting strategies can reduce estate tax exposure.
A comprehensive living trust package includes: Revocable Living Trust (the main document holding your assets), Pour-Over Will (catches assets not in the trust), Durable Power of Attorney (for financial decisions if incapacitated), Advance Healthcare Directive (medical wishes and healthcare agent), HIPAA Authorization (allows access to medical records), Trust Certification (proves trust exists without revealing details), and Trust Funding Instructions. The Law Offices of Rozsa Gyene includes all documents starting at $575.
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(818) 291-6217A living trust in California costs $575-$675 with the Law Offices of Rozsa Gyene, including all essential documents (trust, will, powers of attorney, healthcare directive). Traditional law firms charge $1,500-$5,000+. Online services like LegalZoom charge $279-$478 but lack personalized attorney guidance. Compared to California probate costs of $36,000-$60,000+ for typical homes, a living trust is an exceptional investment that saves your family tens of thousands of dollars.
A living trust in Glendale costs $575 for individuals and $675 for married couples at the Law Offices of Rozsa Gyene, located at 450 N Brand Blvd, Suite 600. This flat-fee pricing includes your complete trust package with all essential estate planning documents. For Glendale homeowners with properties valued at $900,000-$1.5 million, a living trust saves $36,000-$56,000+ in probate costs. Call (818) 291-6217 for a free consultation.
A living trust for Burbank residents costs $575 for individuals and $675 for married couples. Our Glendale office is just minutes from Burbank via Olive Avenue. For Burbank homeowners in areas like Magnolia Park, Toluca Lake, or the Rancho district, with homes valued at $900,000-$1.5 million+, a living trust avoids $40,000-$56,000+ in probate costs. Entertainment industry professionals with residuals and royalties especially benefit from proper trust planning.
A living trust for Pasadena residents costs $575 for individuals and $675 for married couples at the Law Offices of Rozsa Gyene. Pasadena home values often exceed $1-2 million, meaning probate could cost your family $46,000-$66,000+ in statutory fees alone. A living trust eliminates these costs entirely. Our Glendale office is easily accessible from Pasadena via the 134 freeway. Free consultations available by phone or video.
A living trust for Los Angeles residents costs $575 for individuals and $675 for married couples. With LA median home values exceeding $900,000 and many neighborhoods well over $1.5 million, probate exposure is significant — $40,000-$56,000+ in statutory fees. The Law Offices of Rozsa Gyene serves all Los Angeles neighborhoods from our Glendale office, offering phone and video consultations for convenience.
A living trust for Santa Clarita families costs $575 for individuals and $675 for married couples. Santa Clarita home values range from $700,000-$900,000+, meaning probate could cost $34,000-$40,000+. For families with minor children, living trusts are especially important — they include guardian nominations and children's trust provisions that protect inheritances until children reach appropriate ages. We serve Santa Clarita from our Glendale office via I-5.
A living trust for Santa Barbara residents costs $575 for individuals and $675 for married couples with the Law Offices of Rozsa Gyene. Santa Barbara's median home value exceeds $1.5 million, and Montecito properties often exceed $3-5 million. Probate on a $1.5 million estate costs $56,000+; on a $3 million estate, $86,000+. A $575-$675 living trust investment saves your family tens of thousands. We serve Santa Barbara County clients via phone and video consultation.
Living trust costs vary based on: attorney experience, document complexity, included services, and geographic location. Some attorneys charge $300-$500 for basic templates with no customization. Others charge $3,000-$5,000+ for comprehensive planning. Key factors affecting value: Does the attorney personally meet with you? Are documents customized to your situation? Is trust funding assistance included? Does the fee include all necessary documents? The Law Offices of Rozsa Gyene provides personalized attorney service, complete document packages, and funding guidance for $575-$675.
Absolutely. A living trust costing $575-$675 saves California families $30,000-$100,000+ in probate costs, plus 12-18 months of delays. For a typical $1 million California home, probate costs $46,000 in statutory fees alone. Beyond cost savings, a living trust provides: privacy (probate is public record), faster distribution to beneficiaries (weeks vs. months), incapacity protection, and control over how and when beneficiaries receive assets. For California homeowners, a living trust is one of the best investments you can make.
Our $575 individual living trust package includes: Revocable Living Trust (customized to your situation), Pour-Over Will (with guardian nominations if you have children), Durable Power of Attorney (financial decisions), Advance Healthcare Directive (medical wishes), HIPAA Authorization, Trust Certification, comprehensive Trust Funding Instructions, one-on-one attorney consultation, document review session, notarized signing, and ongoing support for questions. Married couple packages ($675) include all documents for both spouses.
Probate is the court-supervised legal process of distributing a deceased person's assets. In California, probate requires: filing a petition with Superior Court, notifying heirs and creditors, inventorying all assets, paying debts and taxes, obtaining court approval for distributions, and filing final accountings. California probate typically takes 12-18 months and costs 4-7% of the estate value. Probate is public record, meaning anyone can see what you owned and who inherited it. A living trust avoids probate entirely.
California probate costs are set by statute (Probate Code §10810) based on gross estate value. Statutory attorney and executor fees total: $46,000 for a $1 million estate, $56,000 for a $1.5 million estate, $66,000 for a $2 million estate. Additional costs include: court filing fees ($435-$465), publication costs ($300-$500), appraisal fees ($300-$1,000+), and accounting fees. Total probate costs typically reach 5-7% of estate value. A living trust avoids ALL these costs.
Probate costs in Los Angeles County follow California's statutory fee schedule. For a typical Los Angeles home valued at $1.2 million, statutory probate fees total approximately $56,000 ($28,000 attorney + $28,000 executor). Court filing fees in LA County are $435-$465, plus publication costs, appraisal fees, and potential storage/security costs for property. Probate cases in LA County are heard at the Stanley Mosk Courthouse (111 N Hill Street) and typically take 12-24 months due to heavy caseloads.
California probate typically takes 12-18 months for straightforward estates, though Los Angeles County cases often take longer due to court backlogs. Complex estates, those with disputes, or estates with real property in multiple counties can take 2-3 years or longer. During probate, beneficiaries cannot access inherited assets, and the estate must continue paying mortgages, property taxes, insurance, and maintenance. A living trust bypasses probate entirely, allowing asset distribution within weeks.
The most comprehensive way to avoid California probate is with a properly funded revocable living trust. You transfer your assets (home, bank accounts, investments) into the trust during your lifetime, and when you die, your successor trustee distributes them without court involvement. Other partial solutions include: joint tenancy (has drawbacks), beneficiary designations on accounts, transfer-on-death deeds (limited), and small estate procedures (for estates under $184,500). For complete probate avoidance, a living trust is essential.
Assets that go through probate include: real estate held in your name alone, bank accounts without beneficiary designations, vehicles, personal property, business interests, and investment accounts in your name. Assets that avoid probate include: property in a living trust, jointly held property with right of survivorship, accounts with beneficiary designations (life insurance, retirement accounts), and assets under $184,500 (simplified procedures). Without a living trust, your California home will go through probate regardless of value.
California Probate Code §10810 sets statutory fees based on gross estate value (not equity). The fee schedule is: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million, 0.5% of the next $15 million. Both the attorney AND executor receive these fees, effectively doubling the cost. Example: $1 million estate = $23,000 attorney + $23,000 executor = $46,000 minimum. A living trust eliminates these fees entirely.
While California law allows you to handle probate yourself ("pro per"), it's extremely difficult and risky. Probate requires strict compliance with court procedures, deadlines, and legal requirements. Mistakes can delay the case by months, result in personal liability, or cause assets to pass incorrectly. The Los Angeles County Superior Court has self-help resources, but most people find the process overwhelming. If the estate must go through probate, hiring an experienced probate attorney is strongly recommended.
If you die without a will or trust ("intestate"), California law determines who inherits your assets. Generally: your spouse receives all community property and a portion of separate property; the rest goes to children. Without a spouse or children, assets pass to parents, siblings, or more distant relatives. Your estate still goes through probate, a judge chooses your estate administrator, and you have no control over distributions. A living trust ensures your wishes are followed and avoids this outcome.
Probate is required in California when: someone dies owning real estate in their name alone (regardless of value), someone dies with assets exceeding $184,500 not held in trust or with beneficiary designations, or there's a dispute over a will that requires court resolution. Probate is NOT required when: all assets are in a living trust, all assets have beneficiary designations, property is held in joint tenancy, or the estate qualifies for small estate procedures (under $184,500).
A probate referee is a court-appointed appraiser who values estate assets for probate proceedings. California law requires most probate assets to be appraised by a probate referee (not a private appraiser). The referee charges 0.1% of the assets appraised (minimum $75). For a $1 million estate, referee fees are approximately $1,000. Cash, publicly traded securities, and some other assets are exempt from referee appraisal. This is another cost avoided when you use a living trust.
California allows revocable transfer-on-death (TOD) deeds for real property, which can avoid probate for your home. However, TOD deeds have significant limitations: they only cover real estate (not other assets), they don't provide incapacity protection, beneficiaries receive property outright (no trust protection), and they can create complications with property taxes and title insurance. A living trust provides more comprehensive protection and flexibility than a TOD deed.
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(818) 291-6217Trust administration is the process of managing and distributing a living trust's assets after the trust creator (settlor) dies. The successor trustee named in the trust takes over responsibility for: notifying beneficiaries, gathering trust assets, paying debts and taxes, filing tax returns, and distributing assets according to the trust terms. Unlike probate, trust administration happens privately without court supervision. Most trust administrations complete within 6-12 months.
A successor trustee has fiduciary duties including: loyalty to beneficiaries, prudent asset management, impartiality between beneficiaries, accurate record-keeping, providing accountings to beneficiaries, timely asset distribution, and compliance with trust terms. Specific tasks include: obtaining death certificates, notifying beneficiaries within 60 days, gathering assets, paying final debts and expenses, filing the decedent's final tax return, obtaining tax clearances, and distributing assets. Breach of these duties can result in personal liability.
While not legally required, an attorney is highly recommended for trust administration. Successor trustees have significant legal obligations and can be personally liable for mistakes. An attorney helps with: proper beneficiary notifications, creditor claim procedures, tax filings (income and estate taxes), real property transfers, trust accountings, distributions, and potential disputes. For California trust administration, the Law Offices of Rozsa Gyene provides comprehensive guidance to successor trustees.
Trust administration typically takes 6-12 months for straightforward estates, significantly faster than probate (12-18 months). The timeline includes: 60-day beneficiary notification period, time to gather assets and pay debts, final tax return preparation (due April 15 following death), potential IRS clearance for larger estates, and asset distribution. Complex trusts with ongoing sub-trusts for minor children or special needs beneficiaries may require longer administration periods.
Yes, successor trustees are entitled to reasonable compensation for their services unless the trust says otherwise. California law allows "reasonable" compensation based on the work performed. Compensation is typically calculated as: a percentage of trust assets (often 0.5-1% annually), hourly rates for time spent, or a combination. Professional trustees (banks, trust companies) typically charge 1-1.5% annually. Many family member trustees serve without compensation to preserve assets for beneficiaries.
A trust accounting is a detailed report showing all trust financial activity: assets at the beginning of the period, income received, expenses paid, gains/losses, distributions made, and assets at the end of the period. California law requires successor trustees to provide accountings to beneficiaries upon reasonable request and at termination of the trust. Failure to provide proper accountings can result in removal as trustee and personal liability.
After death, several tax filings may be required: the decedent's final personal income tax return (Form 1040, due April 15), trust/estate income tax returns (Form 1041 for income earned after death), California income tax returns (Form 540 and Form 541), and federal estate tax return (Form 706, only if estate exceeds $13.61 million). The successor trustee is responsible for these filings and for paying any taxes due from trust assets before distribution to beneficiaries.
To transfer real property after the trust creator dies, the successor trustee typically: records an Affidavit Death of Trustee (if the deceased was trustee), prepares and records a new deed transferring property to beneficiaries, files a Preliminary Change of Ownership Report (PCOR) with the county assessor, and may need to file for property tax reassessment exclusions (parent-child or grandparent-grandchild transfers). An attorney can prepare these documents to ensure proper title transfer and tax treatment.
Trust litigation involves court disputes over trusts, including: challenges to trust validity, trustee removal petitions, breach of fiduciary duty claims, trust accounting disputes, beneficiary rights enforcement, trust modification or termination requests, and disputes over trust interpretation. Trust litigation is heard in probate court — in Los Angeles County at the Stanley Mosk Courthouse. An experienced trust litigation attorney can protect your rights as a beneficiary or defend you as a trustee.
To remove a trustee in California, you file a petition with the probate court under Probate Code §17200. Grounds for removal include: breach of fiduciary duty, failure to provide accountings, self-dealing or conflicts of interest, incapacity or unfitness, hostility toward beneficiaries, or failure to administer the trust properly. The court holds a hearing where both sides present evidence. If removal is granted, the court appoints a successor trustee. Trust litigation attorney Rozsa Gyene has 25+ years experience with trustee removal cases.
Yes. A trust can be contested on grounds including: lack of mental capacity (the settlor didn't understand what they were signing), undue influence (someone pressured the settlor), fraud or forgery, improper execution (not properly signed/witnessed), or revocation (a later trust or amendment exists). Trust contests must generally be filed within 120 days of receiving notice of the trust. Unlike will contests, trust contests are heard in probate court. An experienced attorney can evaluate the strength of your case.
Undue influence occurs when someone exerts excessive pressure on a trust creator to benefit themselves at the expense of natural beneficiaries. California Probate Code §86 defines undue influence as excessive persuasion that overcomes the victim's free will. The law presumes undue influence when someone had a confidential relationship with the settlor, actively participated in trust preparation, and received an unnatural benefit. Common perpetrators include caregivers, new romantic partners, or family members who isolated elderly victims.
Breach of fiduciary duty occurs when a trustee violates their legal obligations, including: self-dealing (using trust assets for personal benefit), failure to provide accountings, mismanaging investments, favoring some beneficiaries over others, failing to distribute assets timely, mixing trust funds with personal funds, or failing to keep beneficiaries informed. Beneficiaries can sue for breach of fiduciary duty, seeking removal, surcharge (repayment), and damages. The Law Offices of Rozsa Gyene represents both beneficiaries and trustees in breach claims.
California trust beneficiaries have rights including: receiving notice when the trust becomes irrevocable (within 60 days of death), requesting and receiving trust accountings, receiving information about the trust and administration, receiving distributions according to trust terms, petitioning the court if the trustee breaches duties, and receiving a copy of the trust document. If a trustee denies your rights, you can petition the probate court for enforcement. An attorney can help protect your beneficiary rights.
A trust contest is a legal proceeding challenging the validity of a trust. Grounds for contest include: lack of mental capacity, undue influence, fraud, duress, forgery, or improper execution. Trust contests are filed in probate court and require evidence supporting the grounds alleged. The person contesting bears the burden of proof, except when undue influence is presumed. Trust contests must typically be filed within 120 days of receiving the Notification by Trustee (Probate Code §16061.7).
A Heggstad petition (named after Estate of Heggstad) asks the court to confirm that property belongs to a trust even though it was never formally transferred. This is common when: a trust schedule lists property but no deed was recorded, or the trust creator clearly intended property to be in the trust but failed to complete the transfer. A successful Heggstad petition avoids full probate for the property. The petition requires evidence of the settlor's intent, such as trust schedules, property descriptions, or other documents.
Trust litigation costs vary significantly based on complexity and whether the case settles or goes to trial. Simple matters like trustee accountings may cost $5,000-$15,000. Contested trustee removal cases typically cost $15,000-$50,000. Full trust contests going to trial can cost $50,000-$200,000+. Many trust litigation attorneys, including the Law Offices of Rozsa Gyene, offer free initial consultations to evaluate your case. In some cases, attorney fees can be paid from the trust or recovered from the opposing party.
Surcharge is a remedy where a trustee must personally repay losses caused by their breach of fiduciary duty. If a trustee mismanages investments, makes improper distributions, engages in self-dealing, or otherwise causes financial harm to the trust, beneficiaries can petition the court to surcharge the trustee. The trustee must repay the trust from their own personal assets. Surcharge can also include any profits the trustee improperly gained. This remedy helps make beneficiaries whole after trustee misconduct.
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(818) 291-6217A conservatorship is a court proceeding where a judge appoints someone (a conservator) to make decisions for an adult who cannot care for themselves. A conservatorship of the person handles healthcare, housing, and personal care decisions. A conservatorship of the estate handles financial matters. Conservatorships require ongoing court supervision, regular accountings, and court approval for major decisions. California Probate Code sections 1800-3925 govern conservatorships. Proper estate planning with a living trust and powers of attorney can often avoid conservatorship.
Conservatorship costs in California typically total $5,000-$15,000+ for initial filing and attorney fees. The petition filing fee is approximately $435-$465. Court investigator fees range from $1,000-$3,000. Bond premiums (often required) cost 0.5-1% of estate value annually. Ongoing costs include: annual accounting preparation ($2,000-$5,000), attorney fees for court appearances, and conservator compensation. Complex or contested conservatorships can cost $20,000-$50,000+. A living trust with powers of attorney can avoid conservatorship entirely.
To obtain a conservatorship in California: file a petition with the probate court (forms GC-310, GC-312, GC-314), pay filing fees ($435-$465), serve notice on the proposed conservatee and relatives, arrange a court investigator evaluation, attend the hearing (usually 4-6 weeks after filing), and if approved, file Letters of Conservatorship. The proposed conservatee must be represented by an attorney (court-appointed if necessary). The process typically takes 2-3 months. An experienced conservatorship attorney can guide you through the complex requirements.
Conservatorship applies to adults who cannot care for themselves due to mental illness, developmental disability, or incapacity. Guardianship applies to minor children (under 18) whose parents cannot care for them. Both involve court-appointed individuals making decisions for someone else. Conservatorships are governed by Probate Code §1800+; guardianships by Probate Code §1500+. For incapacitated adults, you need a conservatorship. For children, you need a guardianship.
An LPS (Lanterman-Petris-Short) conservatorship is specifically for adults with severe mental illness who need psychiatric treatment and cannot care for themselves. Unlike probate conservatorships, LPS conservatorships can only be initiated by designated agencies (typically county mental health departments), allow involuntary psychiatric treatment, must be renewed annually, and require different legal standards. LPS conservatorships are governed by Welfare and Institutions Code §5350+, not the Probate Code.
A limited conservatorship is for adults with developmental disabilities (such as autism, intellectual disability, or cerebral palsy) who need some assistance but can handle certain decisions themselves. Unlike general conservatorship, limited conservatorship grants only specific powers the court determines are necessary. The conservatee retains all rights not specifically removed by the court. This preserves maximum independence while providing necessary support. Regional centers often help families with limited conservatorship applications.
You can avoid conservatorship through proper estate planning: a revocable living trust with incapacity provisions allows your successor trustee to manage assets if you become incapacitated; a durable power of attorney designates someone to handle financial matters; an advance healthcare directive names your healthcare agent for medical decisions. These documents let your chosen people manage your affairs without court involvement. If you become incapacitated without these documents, your family must seek a costly, time-consuming conservatorship.
A conservator of the person must: ensure the conservatee has adequate food, clothing, shelter, and healthcare; make residence decisions; arrange medical care; and file annual status reports with the court. A conservator of the estate must: manage finances prudently, maintain detailed records, file annual accountings with the court, obtain court approval for major transactions, and post a bond. Both types of conservators are fiduciaries who must act in the conservatee's best interests and can be personally liable for breaches.
Yes. A conservatorship can be terminated when: the conservatee regains capacity (determined by the court), the conservatee dies, the conservator resigns or is removed, or the court determines conservatorship is no longer necessary. To terminate, file a Petition for Termination (form GC-385). The court may require medical evidence that the conservatee can now manage their own affairs. If the conservatee dies, the conservator must file a final accounting and petition for discharge.
Yes. California Probate Code §1810 allows you to nominate a conservator in advance through a written declaration. If you later need a conservatorship, the court will give preference to your nominated person (absent good cause). You can also nominate a conservator in your durable power of attorney. This ensures your wishes are honored if you become incapacitated. Without a nomination, the court appoints someone, typically following statutory preferences (spouse, adult children, parents, siblings).
Guardianship is a court proceeding where a judge appoints a responsible adult (guardian) to care for a minor child (under 18) when parents are unable or unwilling to provide care. Guardianship of the person covers custody, daily care, education, and medical decisions. Guardianship of the estate manages a child's finances or property. Unlike adoption, guardianship doesn't permanently terminate parental rights. Guardianship typically lasts until the child turns 18. California Probate Code §1500+ governs guardianships.
Guardianship is needed when parents: are deceased, are incarcerated, struggle with substance abuse, have serious mental illness, are deployed military, have abandoned the child, are abusive or neglectful, or voluntarily cannot provide care. Guardianship provides legal authority to make decisions for the child including: enrollment in school, medical consent, applying for benefits, and providing a stable home. Relatives (grandparents, aunts, uncles) most commonly seek guardianship.
To obtain guardianship: file a Petition for Appointment of Guardian (form GC-210) with the probate court, pay filing fees ($435-$465), notify parents and relatives, potentially undergo a court investigation, and attend the guardianship hearing. The court's primary concern is the child's best interests. If parents consent, guardianship may be granted at the first hearing. If contested, the process takes longer. An experienced guardianship attorney like Rozsa Gyene can guide you through the requirements and represent you in court.
Custody is typically determined in family court between parents during divorce or separation. Guardianship is established in probate court when non-parents need legal authority to care for a child. Guardianship requires proving parents cannot care for the child; custody disputes between parents use "best interests" standards. Guardians have similar rights to parents but must report to the court. Custody orders can be modified more easily than guardianship orders.
Guardianship costs vary: court filing fees are $435-$465, attorney fees typically range from $2,500-$5,000 for uncontested guardianships, and court investigator fees (if ordered) add $1,000-$2,000+. Contested guardianships with hearings can cost $10,000-$25,000+. Guardianship of the estate may require a bond (cost depends on estate value). The Law Offices of Rozsa Gyene offers affordable guardianship services.
Yes. Guardians may be eligible for: CalWORKs (cash assistance), Medi-Cal (healthcare), food assistance (CalFresh/SNAP), AFDC-FC (Aid to Families with Dependent Children-Foster Care) if the child was in foster care, Social Security survivor benefits (if parents are deceased), and child support from parents (if able to pay). A guardianship of the estate may also manage funds the child receives from inheritance, lawsuit settlements, or Social Security.
Guardianship typically lasts until: the child turns 18 (automatic termination), the child marries or is emancipated, the child is adopted, the court terminates guardianship upon petition, or the guardian dies or resigns. Parents may petition to terminate guardianship if their circumstances improve, but the court considers the child's best interests first. Extended guardianships beyond age 18 may be possible for disabled individuals (requiring a conservatorship instead).
Yes, but they must petition the court and demonstrate changed circumstances. The court evaluates whether terminating guardianship is in the child's best interests, considering: stability of the child's current situation, bond with the guardian, parent's current ability to provide care, and the child's wishes (if old enough). Guardianship doesn't terminate parental rights, so parents retain the right to seek return of their child. Courts generally favor family reunification when safe and appropriate.
Yes. Glendale home values typically range from $900,000 to $1.8 million+, meaning probate could cost your family $40,000-$68,000+ in statutory fees alone. A living trust avoids California probate entirely. The Law Offices of Rozsa Gyene is located at 450 N Brand Blvd, Suite 600 in Glendale, providing convenient access for all Glendale residents. Living trusts start at $575 for individuals and $675 for married couples. Call (818) 291-6217 for a free consultation.
Yes. Burbank's median home value exceeds $900,000, with properties in Magnolia Park, Toluca Lake, and hillside areas often exceeding $1.5 million+. Probate on a $1 million estate costs $46,000 in statutory fees. For Burbank entertainment professionals, living trusts also protect residuals, royalties, and intellectual property. Our Glendale office is minutes from Burbank via Olive Avenue. Living trusts start at $575. Free consultation: (818) 291-6217.
Yes. Pasadena home values range from $1 million to $3 million+, creating significant probate exposure of $46,000-$83,000+ in statutory fees. A living trust protects your family from these costs and the 12-18 month probate delay. The Law Offices of Rozsa Gyene serves Pasadena residents from our Glendale office, easily accessible via the 134 freeway. Living trusts start at $575 for individuals. Call (818) 291-6217 for a free consultation.
Yes. Los Angeles median home values exceed $900,000, with many neighborhoods well over $1.5 million. Probate fees for a $1.2 million estate total approximately $56,000. Los Angeles County has the largest probate court system in the nation, with cases typically taking 12-24 months at the Stanley Mosk Courthouse. A living trust avoids this entirely. We serve all Los Angeles neighborhoods. Living trusts start at $575. Free consultations available.
Yes. Santa Clarita home values range from $700,000 to $900,000+, meaning probate costs of $34,000-$40,000+. For Santa Clarita families with minor children, living trusts are especially important — they include guardian nominations and children's trust provisions protecting inheritances until children reach appropriate ages. We serve Santa Clarita from our Glendale office via I-5. Living trusts start at $575. Free consultation: (818) 291-6217.
Yes. La Cañada Flintridge has some of the highest home values in Los Angeles County, often ranging from $1.5 million to $5 million+. Probate on a $2 million estate costs approximately $66,000 in statutory fees. A living trust avoids this cost and keeps your estate private. Our Glendale office is just minutes from La Cañada. Living trusts start at $575 for individuals, $675 for couples. Call (818) 291-6217 for a free consultation.
Yes. Arcadia's desirable neighborhoods and excellent schools drive home values from $1.2 million to $3 million+. Probate on a $1.5 million estate costs approximately $56,000. Many Arcadia residents also have business interests and investments requiring comprehensive estate planning. Our Glendale office is easily accessible from Arcadia. Living trusts start at $575. Call (818) 291-6217 for a free consultation with an experienced estate planning attorney.
Yes. Santa Barbara's median home value exceeds $1.5 million, and Montecito properties often exceed $3-10 million. Probate on a $1.5 million estate costs $56,000+; on a $3 million estate, $86,000+. A living trust avoids these costs entirely. The Law Offices of Rozsa Gyene serves Santa Barbara County residents via phone and video consultation. Living trusts start at $575 for individuals, $675 for married couples. Call (818) 291-6217 for a free consultation.
Yes. Goleta home values typically range from $900,000 to $1.5 million, meaning probate could cost your family $40,000-$56,000+ in statutory fees. For UCSB faculty, staff, and Goleta business owners, proper estate planning is essential. A living trust avoids California probate, protects your family from unnecessary costs and delays, and keeps your affairs private. We serve Goleta residents via phone and video consultation. Living trusts start at $575.
Absolutely. Montecito estates typically range from $3 million to $30 million+. California probate fees for a $5 million estate exceed $126,000; for a $10 million estate, fees exceed $226,000. High-net-worth Montecito residents often need sophisticated estate planning beyond basic living trusts — including asset protection, tax planning, and privacy measures. The Law Offices of Rozsa Gyene provides comprehensive estate planning for Montecito families. Schedule a confidential consultation: (818) 291-6217.
Los Angeles County probate cases are primarily heard at the Stanley Mosk Courthouse, located at 111 North Hill Street in Downtown Los Angeles. The courthouse handles probate, conservatorship, guardianship, and trust matters. Parking is expensive and limited. Some probate matters may be heard at the Antelope Valley Courthouse in Lancaster. LA County has the largest probate court system in the nation, with cases typically taking 12-24 months. A living trust avoids probate court entirely.
Santa Barbara County probate cases are heard at the Superior Court's Anacapa Division, located at 1100 Anacapa Street, Santa Barbara, CA 93101. This court handles probate, trust matters, conservatorships, and guardianships for all of Santa Barbara County, including Santa Barbara, Goleta, Montecito, Hope Ranch, Carpinteria, and surrounding areas. A properly funded living trust avoids Santa Barbara County probate court entirely.
The Law Offices of Rozsa Gyene serves California's diverse communities. We work with clients who speak various languages and can arrange interpreter services when needed. Many of our clients in Glendale, Burbank, Pasadena, and Los Angeles come from Armenian, Hispanic, Asian, and other cultural backgrounds. We understand that estate planning must address diverse family structures and cultural values. Call (818) 291-6217 to discuss your needs.
Yes. The Law Offices of Rozsa Gyene offers video consultations via Zoom for clients throughout California who cannot visit our Glendale office. This is especially convenient for clients in Santa Barbara, Santa Clarita, and other areas further from Glendale. We can conduct your entire estate planning process remotely — from initial consultation through document review. Signing can be completed with our mobile notary service or remote online notarization. Call (818) 291-6217 to schedule.
The Law Offices of Rozsa Gyene serves clients throughout Southern California, including: Glendale (office location), Burbank, Pasadena, Los Angeles (all neighborhoods), La Cañada Flintridge, Arcadia, San Fernando Valley, Santa Clarita, and Santa Barbara County (Santa Barbara, Goleta, Montecito). We offer in-person consultations at our Glendale office, plus phone and video consultations for clients in more distant locations. Call (818) 291-6217 or book online at portal.livingtrust-attorneys.com/book.
Schedule a free consultation to discuss your estate planning needs
(818) 291-6217Law Offices of Rozsa Gyene
450 N Brand Blvd, Suite 600
Glendale, CA 91203