Living Trust Attorneys Serving Thousand Oaks, CA
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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. 

A living trust in California is valid and effective throughout the grantor’s lifetime, and it can be amended or revoked at any time as long as the grantor is alive and has mental capacity. After the grantor’s death, the trust becomes irrevocable, and its validity and purpose are to be fulfilled, but it is also subject to state laws that require it to be terminated within a certain period after creation. 

During the grantor’s lifetime – Perpetually valid: A revocable living trust remains active and valid indefinitely until the grantor changes or revokes it. 

Full control: The grantor, who is typically also the trustee and beneficiary, retains full control over the assets in the trust and can add, remove, or sell them. 

Amendable: The grantor can amend or completely revoke the trust at any time as circumstances change. 

After the grantor’s death – Becomes irrevocable: The trust automatically becomes irrevocable upon the grantor’s death. 

Not a fixed duration: Unlike the lifetime of the grantor, there is no specific expiration date for the trust document itself. However, California law has a rule against perpetuities, which sets a maximum limit on how long a trust can last. 

Termination timeline: A trust must be terminated and its assets distributed within a certain timeframe, generally 90 years after creation or no later than 21 years after the death of the last beneficiary, but most trusts are administered and closed much sooner. 

Trust administration: The time it takes to administer the trust after the grantor’s death can vary. Simple trusts might be closed in a few months, while more complex ones involving multiple assets or beneficiaries could take a year or two.

Yes. Many of our clients complete the entire process virtually—from initial consultation through document review. We use secure video conferencing and electronic document sharing. For the signing appointment, we can arrange for a mobile notary to meet you at your location, or you can come to our office if you prefer.

We have a detailed guide about this topic linked here. In short, a will goes through probate—a court-supervised process in California that typically takes 12-18 months and costs 4-6% of your estate value in fees. Your assets are frozen during this time, and the process is public record. A living trust avoids probate entirely. Your successor trustee can distribute assets within weeks, privately, without court involvement. For California homeowners, this difference is significant given our high property values.

If you own real estate in California, a living trust almost always makes sense. Probate costs are calculated as a percentage of your gross estate value…not equity!. So even if you have a mortgage, you’re paying probate fees on the full property value. You should also consider a trust if you have minor children, own property in multiple states, want privacy, have a blended family, or want to plan for potential incapacity.

Incapacity planning with a living trust is just as important as death planning. Without powers of attorney and a trust, your family would need a court ordered conservatorship to manage your affairs if you’re incapacitated. This is a stressful, expensive, time-consuming, and public process. Plus, California homeowners build equity quickly. The protection is valuable at any age, and peace of mind is valuable.

It’s hard for us to answer with certainty. Some individuals may wrongly assume that estate planning is only for the wealthy or elderly. In our professional experience in over 30 years of estate planning work is that if you own a California home, you likely have an estate valuable enough to benefit significantly from a trust. Many homeowners simply don’t realize that their $800,000 home will cost their family $30,000-50,000 and over a year in probate court without proper planning. Others keep meaning to do it but never prioritize it—until it’s too late.

Without an estate plan, California’s intestate succession laws decide who gets what. Your assets go through probate regardless. If you have minor children and no named guardian, a judge decides who raises them. If you become incapacitated, your family goes to court for conservatorship. The state has a plan for you—it’s just probably not the plan you’d want.

Life changes require trust updates: marriage, divorce, birth of children or grandchildren, death of a beneficiary or trustee, significant changes in assets, moving to a new state, or changes in tax laws. We’re ready to provide ongoing support to keep your plan details current.

 A California living trust can hold out-of-state property, helping you avoid probate in multiple states. This is especially valuable if you own vacation property or investment real estate elsewhere.

 From initial consultation to fully executed and funded trust: typically 2-4 weeks. The timeline depends on how quickly we collect information and approve drafts. The trust funding process often takes the longest, as it involves working with banks, title companies, institutions, and other financial professionals.

When you create a living trust, your assets such as your home, bank accounts, or investments are retitled in the name of the trust. Because the trust becomes the legal owner, the court doesn’t need to oversee their transfer when you pass away. Your successor trustee can distribute assets directly, following your instructions, without court intervention.

Not at all. In California, even modest estates can face significant probate costs and delays. With high home values across the state, nearly all middle-class homeowners benefit from a living trust. It’s a practical tool for nearly anyone who owns real property or wants to keep their estate private and simple for their family or beneficiaries.

If you pass away without an estate plan called dying “intestate”. In this scenario, the state law determines who inherits your assets. The process is handled by the probate court and may not reflect your wishes. Your loved ones could wait months or years for resolution and pay thousands in legal and court fees.

A revocable trust (the most common type) can be changed or revoked at any time during your life. It provides flexibility while avoiding probate.
An irrevocable trust cannot be changed once created but offers specific tax and asset-protection advantages. Most Californians start with a revocable living trust as the foundation of their estate plan.