California Living Trusts
At Staker|Johnson, our California estate planning law office based in beautiful Ventura County, CA has been helping families throughout the state secure their legacies for over 35 years.
To provide useful information to individuals interested in estate planning, we’ve compiled this comprehensive FAQ guide—to provide you with the expert insights you need to make confident decisions about your family’s future.
In this guide below, you’ll find detailed answers to the most common living trust questions we encounter in our California estate planning practice.
Our Essential California Living Trust FAQ Guide
We understand that California living trust laws often raise important questions. Whether you’re exploring estate planning options for the first time or looking to update an existing plan, our clients frequently turn to us for clear, reliable guidance on how living trusts work and whether they’re the right choice for their unique circumstances.
If you’d like personalized guidance or want to schedule a free consultation to discuss your specific estate planning needs, we invite you to contact us at (805) 482-2282 or via email.
Our Living Trust FAQ Guide Updated for 2025-26
What is a living trust?
How much does a living trust cost in California?
Should I have a living trust?
Do I lose any control over my assets?
What happens if I cannot act as trustee?
What is probate?
Why are so many people setting up living trusts to avoid probate?
What if I own real estate in another state?
Does a living trust avoid probate?
Can’t I just avoid probate with joint tenancy?
What are the tax disadvantages of joint tenancy vs. living trusts?
Why should I want to avoid a conservatorship?
How does a living trust eliminate death taxes in many cases?
Is a living trust hard to set up?
Are there any ongoing costs?
Is a living trust hard to maintain?
Do I still need a will if I have a living trust?
How does a living trust work for second marriages?
How stable are living trusts?
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Steps for Creating a Living Trust in California
At Staker|Johnson Law Corp, our team helps California families and individuals protect what matters most through well structured living trusts.
We believe that a California living trust is one of the most effective estate planning tools for avoiding probate, minimizing delays, and ensuring that your estate is managed according to your wishes.
Because every family’s situation is unique, our team of attorneys take the time to understand your goals and tailor your trust to fit California’s specific laws and tax considerations.
From drafting the trust document to properly transferring assets into it, we guide you through each step with clarity and care.
For most Californians, a revocable living trust is the preferred option. It provides flexibility and control, allowing you to manage your assets and make updates as your life and circumstances change. You can also modify or dissolve the trust entirely if needed, making it the most common type of trust we create for our clients.
We help you define the terms of your trust to clearly outline how your assets will be managed during your lifetime and distributed after your passing. These provisions ensure that your wishes are carried out exactly as intended.
Our attorneys guide you through each decision, from choosing who will manage your trust to setting detailed instructions for how your estate should be handled. The goal is to create a structure that provides clarity, control, and peace of mind for you and your loved ones.
A trustee is the individual responsible for overseeing your trust. You can appoint yourself as the trustee, but it is important to also name a successor trustee. This person will step in to manage the trust if you become incapacitated or upon your passing. The successor trustee should be someone you trust to act in your best interests.
Beneficiaries are the individuals or entities that will inherit your assets upon your death. These can be family members, friends, or charitable organizations that are important to you. It is crucial to clearly define who will receive what, as well as any special instructions for distribution.
Once you have made the key decisions, it’s time to formalize them into your trust documents. While you can create these documents on your own through online services such as FreeWill, consulting with an estate attorney ensures that your trust complies with California law and accurately reflects your intentions.
For your trust to be legally binding, it must be executed in compliance with California law. This typically involves signing the trust documents in front of witnesses or having them notarized to ensure they are valid.
After your trust is created, you must transfer your assets into it. Without this step, the trust will not be able to protect or manage your assets. Funding the trust involves changing the title of your properties, bank accounts, and other assets into the name of the trust.
Even if you establish a trust, it’s still advisable to have a pour-over will. A pour-over will allows you to designate guardians for minor children and make provisions for any pets. It also ensures that any assets not transferred to the trust during your lifetime will be “poured over” into the trust upon your death. Be aware, however, that these assets will need to go through probate before they are fully transferred to the trust.
Creating a living trust is an essential step in ensuring your assets are distributed according to your wishes. At Staker|Johnson, we can guide you through each step of this process, ensuring that your estate plan meets both your goals and California’s legal requirements. Let us help you establish a clear, legally sound trust to protect your family’s future.
Assets Included in a Living Trust
For an asset to be covered by the trust, ownership must be transferred to it. These assets are re-titled to reflect ownership by the trust. A wide range of assets can be placed in a living trust, including real estate, financial accounts, and personal items such as jewelry, art, and business interests.
Examples of financial assets that can be added include:
- Stocks, bonds, and safe deposit boxes
- Mutual funds and brokerage accounts
- Certificates of deposit and money market accounts
- Checking and savings accounts, along with cash
- Debts owed to the grantor
- Life insurance policies
- Non-qualified annuities
Benefits of a living trust
Living trusts provide several advantages, such as:
Asset protection during your lifetime. In your trust documents, you can outline how you want your estate managed if you become incapacitated. This includes instructions for asset distribution to your loved ones, paying bills, and handling taxes. You can also specify whether trust funds should be used for your care if you fall ill.
Avoiding probate. Unlike assets in a will, assets held in a trust do not need to go through the lengthy, costly, and public probate process.
Maintaining privacy for you and your loved ones. Probate makes details about your estate public, including information about your beneficiaries. Since trust assets are not subject to probate, this information remains private.
Providing flexibility and control. A trust allows you to have more control over how and when your assets are distributed to your beneficiaries. For instance, if a minor child is a beneficiary, you can decide to release the assets only when they reach a certain age or for a specific purpose, like purchasing a home or attending college. This ensures they don’t spend their inheritance recklessly or all at once.
Bring Peace of Mind to You and Your Loved Ones
Our firm proudly serves all of California but in particular the following Southern California and other Ventura County communities: Simi Valley, Thousand Oaks, Westlake Village, Agoura Hills, Moorpark, Camarillo, Fillmore, Ojai, Oxnard, Port Hueneme, and Santa Paula.
Members of the California Bar Association
We aim to be our community’s useful resource for estate planning matters. Our staff of attorneys bring their unique backgrounds and experiences to each legal situation. We have many clients that come to us after they have had issues with their previous estate planning service. Our advice is not to experiment with your family’s estate planning, and to seek the guidance of a competent attorney.
As a team of expert living trust, probate & estate planning attorneys, we take the time to study the law on a detailed level, providing impactful results for our clients. The ability to help our valued clients prepare for their family’s future is a meaningful opportunity for our firm to contribute to our local community.
Staker|Johnson Law Corporation is a California tax and estate planning attorney firm providing services for living trusts, probate, trust administration & business law.
