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Estate Planning & Probate FAQs | California

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Living Trust Basics (15 Questions)

What is a living trust in California?

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.

Do I need a living trust in California?

If you own real estate in California or have assets exceeding $208,000, 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.

What is the difference between a will and a living trust?

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.

What is the difference between a revocable and irrevocable trust?

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.

Can I be my own trustee?

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.

What assets should be in my living trust?

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.

What is trust funding and why is it important?

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.

How long does it take to create a living trust?

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.

Can I create a living trust online?

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.

Do I need to update my living trust?

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.

What happens to my living trust when I die?

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.

Can a living trust be contested?

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.

Does a living trust protect assets from creditors?

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.

Does a living trust avoid estate taxes?

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.

What documents are included in a living trust package?

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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Living Trust Cost (10 Questions)

How much does a living trust cost in California?

A 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.

How much does a living trust cost in Glendale?

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.

How much does a living trust cost in Burbank?

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.

How much does a living trust cost in Pasadena?

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.

How much does a living trust cost in Los Angeles?

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.

How much does a living trust cost in Santa Clarita?

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.

How much does a living trust cost in Santa Barbara?

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.

Why do living trust costs vary so much between attorneys?

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.

Is a living trust worth the cost?

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.

What's included in your $575 living trust package?

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.

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Law Offices of Rozsa Gyene
450 N Brand Blvd, Suite 600
Glendale, CA 91203