Answers for you on trusts versus wills, probate fees, the estate planning process, and so much more. Full‑service estate planning including trusts, wills, powers, directives, prenuptials, notary, and more. The fastest that can happen in California is typically 9 months, and that length of time can create problems for your loved ones. Save my name, email, and website in this browser for the next time I commen

With our team of experienced estate planning attorneys, we have compiled this resource to empower you to make informed decisions and take living will and trust planning proactive steps toward securing your financial future. Estate planning is a crucial aspect of financial management that often gets overlooked or postponed. It's an expensive court process that exposes your assets, debts and family to the public record and usually takes a year or longer. But, if you have assets that would go through probate, then you need a Revocable Living Trus

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If you have a will, life insurance, beneficiary designations and an asset inventory, and followed other typical estate planning advice, you might feel like you're all set. Your step-by-step six-part series on how to invest for retirement, from devising a successful strategy to exactly which investments to choose. If you are planning to give assets to future generations, an economic downturn might be the perfect time to accomplish the transfer. All assets above the lifetime exemption amount for gift/estate taxes will be subject to a 40% tax when transferred to the living will and trust planning next generatio

Based on your responses, the program produces a living trust document customized for you and your situation. But estate taxes aren’t an issue most people have to worry about, since the federal estate tax is levied only on estates worth more than $15 million (for deaths in 2026). Revocable living trusts can help your estate avoid probate, but not federal estate taxes. By contrast, property left through a trust can be distributed to your beneficiaries almost immediately, and often without the need for an attorney. Irrevocable trusts can be useful tools for specific goals, like reducing taxes, but they require giving up ownership and control of trust propert

When you pass away or become incapacitated, a successor trustee you have named distributes assets to your beneficiaries without going through California probate court. If you die, the successor trustee can distribute the trust property according to your wishes without having to go to probate court to authorize the distribution. This means, if you die, no probate (formal court administration of a decedent's estate) is needed to pass your property on to your beneficiarie

Their commitment to their clients’ success is evident in every interaction, and I am confident that anyone seeking financial guidance will benefit greatly from their services. Together, they have formed a collaborative team that supports my investment strategies and ensures that every decision aligns with my long-term objectives. Growing up, I was never fully educated about retirement and investments, but I always knew the importance of saving for a secure futur

Is my living trust "revocable"? Can I cancel or change it?

A living trust skips probate entirely, allowing your successor trustee to distribute assets immediately. A will must go through probate in California, which means a judge must validate the document and oversee the distribution of your assets. A living trust bypasses that process, keeping your estate private and your family out of court.

Your California Living Trust: A Special Kind of Box You Pass Along

The lawyers and staff at CunninghamLegal help people plan for some of the most difficult times in their lives; then we guide them when those times come. Is my spouse capable of handling my business if I’m incapacitated or die? It’s highly customized and it includes a lot of specific fail-safe mechanisms, designed just for you. Your loved ones can immediately take control of your estate. There are other important documents you need to create as part of a living will and trust planning complete Estate Plan, but the Living Trust makes everything work properly togethe

You can control the distribution of your assets after death by creating a will or a trust, including a living trust. However, the inability to modify or revoke the trust means that clients must be certain about their estate planning decisions before transferring assets. It also helps clients avoid probate, ensuring a smooth transfer of assets to beneficiaries.

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Even experienced attorneys can encounter pitfalls when creating revocable trusts. Before drafting a trust, attorneys should conduct a detailed client intake to identify estate planning objectives, financial assets, and family dynamics. The information here is provided for educational purposes only and is not intended to provide, and should not be construed as providing legal or tax advice. Estate planning may implicate both state living will and trust planning and federal laws, and estate planning needs will differ based on personal circumstance and applicable law. Sign up for our newsletter for the latest on wills, trusts, and more. You can log in to our secure website, fill out a guided questionnaire, and receive a California trust document specific to your wishes.

Choose your beneficiarie