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, protect their privacy, and make things easier for loved ones. A properly prepared trust helps keep control in your hands and peace of mind in your home.

3. Is a Living Trust only for the wealthy?

Not at all. Anyone who owns a home, land, or even modest savings can benefit. It’s about keeping what you’ve earned in your family’s hands — not tied up in court.

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. Do I lose control of my property once it’s in the Trust?

No. When you set up a Revocable Living Trust, you stay in full control. You can buy, sell, refinance, or make changes at any time.

6. Who should be my Trustee?

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

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

Yes. 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?

Most families can complete the process in just 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 the name of your Trust. You still live there, pay your mortgage, and can sell or refinance just like before.

14. What documents usually come with a Living Trust package?

Most complete plans include:

• Revocable Living Trust

• Pour-Over Will

• Power of Attorney

• Advance Health Care Directive

• 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 typically set at a flat rate and include all notarization and deed recording fees.

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.