Living Trust Attorney in Santa Clarita, CA
A living trust is created while you’re alive (as opposed to a trust created by a will after death). Most living trusts are revocable — you can amend or revoke them at any time while you have capacity, and you typically act as your own trustee during your lifetime, keeping full control. The trust becomes irrevocable only after your death, at which point your named successor trustee takes over and distributes assets according to its terms, without going through probate court for anything the trust actually holds.
Key Points
- You maintain full control as trustee during your lifetime for a revocable living trust
- A successor trustee you name takes over management upon your incapacity or death — without a court appointment
- Assets must be retitled into the trust’s name ("funding") for the probate-avoidance benefit to apply
- The trust can be amended as circumstances change, as long as you have capacity
Considerations
- Funding is the step people skip most often — a trust that holds nothing still requires probate for everything left outside it
- Real estate, bank and investment accounts, and business interests are the most common assets to fund into a trust
- A revocable living trust generally does not, by itself, provide asset protection from creditors during your lifetime — that requires different planning
California Law Note
Funding a trust with California real estate typically requires recording a new deed transferring the property from you individually to you as trustee — a step that’s easy to overlook after the trust document itself is signed.
Related Questions
What’s the real difference between a will and a trust?
A will only takes effect after death and is administered through the probate court — it does not avoid probate. A trust can take effect during your lifetime, is managed by a trustee you choose, and — if properly funded (meaning your assets are actually retitled into it) — can avoid probate for those assets entirely. Many complete estate plans use both: a funded living trust as the main vehicle, and a simple backup will to catch anything left outside the trust.
View this answer on its own page →What happens at a free consultation?
We’ll talk through your family situation, your assets, and what you’re trying to accomplish — avoiding probate, providing for minor children, protecting a beneficiary, planning for incapacity, or something else. From there, we’ll explain which documents and strategies fit your situation and what the process and cost would look like. There’s no obligation to move forward afterward.
View this answer on its own page →See more detail on our main site: Living Trusts →
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