Frequently Asked Questions

A living trust (sometimes called “revocable” or an “inter vivos” trust) is a legal written document created by you (the grantor) during your lifetime. Similar to a will, a living trust details what your desires are with regard to your assets, your dependents, and your heirs.

A living trust bypasses the costly and time-consuming court process of probate, enabling your successor trustee (very similar to a personal representative or executor of a will) to follow your instructions listed in your living trust at your passing, as well as if you’re unable to manage your financial, healthcare, and legal affairs due to incapacity.

In California, if your estate is valued over $150,000 at your passing, your estate will go through a lengthy and costly process called probate. If you have real property upon your passing, a court order is required to transfer that property. A trust can eliminate the need for probate and court intervention entirely.

A living trust is necessary for most individuals, regardless of age, wealth, or marital status. Anyone who wants their family and loved ones to avoid a costly court process after they pass should consider establishing a trust.

An estate plan consists of written, legal documents, or tools, that allow others to manage your affairs if you are incapciated or have died. Many of the tools include revocable living trusts, wills, powers of attorney, advanced health care directives, and so forth.

The key is knowing which tools are needed for your situations, how those tools need to be drafted and executed, and then making sure the plan is fully implemented through properly including all of your property and assets into the plan.

Please see our “Estate Planning Process” under the services area for more information.

The State Bar certifies attorneys as specialists who have gone beyond the standard licensing requirements.

California attorneys who are certified as specialists have taken and passed a written examination in their specialty field, demonstrated a high level of experience in the specialty field, fulfilled ongoing education requirements and been favorably evaluated by other attorneys and judges familiar with their work.

Only these attorneys can identify themselves as certified specialists in California because they are the only attorneys who are certified either by the California Board of Legal Specialization or by an organization whose certification program has been accredited by the State Bar. Such an organization must have requirements for certification that are at least equal to those of the State Bar’s program.

Please visit the California State Bar’s website for more information.