FAQ - Living Trust

1. What is a Living Trust?

A Living Trust is a written document that outlines how your property and assets will be managed during your lifetime and distributed after your passing — without going through probate.

2. Why do people create a Living Trust?

Most people create one to avoid probate court and make things easier for loved ones. 

3. I only own a home, should I get a Living Trust?

Many people who own a home choose to create a Living Trust because it can help their property transfer smoothly after they pass..

4. What’s the difference between a Will and a Living Trust?

A Will only takes effect after death and usually goes through probate. A Living Trust is effective while you’re alive and allows your chosen trustee to manage things if you’re ever unable to.

5. Can I see a sample of your Living Trust?

Yes. upon request for educational purposes, so you can see the layout, organization, and level of detail that goes into your plan.

6. Who should be my Trustee?

Most people name themselves first, then a trusted person as successor trustee — someone who will carry out your wishes when the time comes.

7. Do I still need a Will if I have a Trust?

A “Pour-Over Will” works with your Trust to catch any property you may have forgotten to transfer, ensuring it still goes where you intended.

8. Will a Living Trust protect me from creditors or lawsuits?

No. A Revocable Living Trust does not shield your assets from creditors while you’re alive. Its main purpose is to simplify management and avoid probate.

9. What happens if I move to another state?

Your Living Trust usually remains valid, but it’s wise to review it after a move. Each state has different rules, so a local update may be needed.

10. Can I change or cancel my Trust?

Yes — as long as you’re alive and mentally capable, you can amend or revoke your Revocable Living Trust at any time.

11. How long does it take to prepare a Trust?

The process takes a few days once information is gathered.

12. Do I need a lawyer to make a Living Trust?

No. In California, a bonded and registered Legal Document Assistant (LDA) can professionally prepare your documents based on your direction.

13. What happens to my home?

Your home title is transferred into your Living Trust. You’re still the one in charge, just like before.

14. What documents come with a Living Trust?

• Revocable Living Trust (Articles of Trust) 

• Schedule of Trust Property

• Certification of Trust

• Pour-Over Will

• Power of Attorney

• Advance Health Care Directive

• HIPPA Waiver

• Final Disposition 

• Property Deed to transfer your home

15. How much does it cost?

Costs vary depending on whether it’s for a single person or a couple and how many properties you own. Prices are set at a flat rate and includes notarization and deed recording (California only).

16. How do I get started?

Schedule an appointment — by phone, virtual, mobile, or in-office — and bring the names, addresses, and phone numbers of everyone you wish to include. No banking information is needed to begin.