If you're thinking about estate planning, you probably have questions. Good. That means you're ready to protect your family. Here are the questions we hear most often from California families, along with straightforward answers that will help you make smart decisions.
Do I Really Need an Estate Plan?
Yes. Every adult needs at least three basic documents, whether you're 25 or 85, whether you own a mansion or rent an apartment.
Here's what you need:
Durable Power of Attorney - This lets someone you trust handle your finances if you can't. Without it, your family might need to go to court to pay your bills.
Health Care Directive and HIPAA Authorization - This allows someone you trust to talk to your doctors and make medical decisions for you.
Will - This determines who gets your stuff. Without a will, California decides for you, and you probably won't like their choices.
Think of these as your safety net.
Living Trust vs. Will: What's the Difference?
Great question. If you don't own a home, a will might be enough. But if you own real estate in California, you'll need a living trust.
Here's why: California pobate is expensive and slow. Your assets go through probate if you die with more than $184,500 in assets, or if you own real estate.
Retirement accounts and life insurance with named beneficiaries skip probate entirely. Just make sure your beneficiaries are up to date.
Why is California Probate So Terrible?
California probate has three big problems:
- It's expensive - More expensive than almost any other state
- It's slow - Typically takes at least a year, sometimes much longer
- It's public - Anyone can look up information about your family and assets
We've seen families spend $50,000 or more on probate for estates that could have avoided it entirely with a $4,000 living trust. The math is pretty clear.
How Do I Avoid Probate?
Set up a living trust and transfer your assets to it. That's it.
Your trust acts like a box that holds your assets. When you die, the person you've chosen (your successor trustee) opens the box and distributes everything according to your instructions. No court, no delays, no public records.
What About DIY Estate Planning? Can't I Just Use LegalZoom or Wills and Trusts?
You can, but should you?
DIY estate planning is like doing your own surgery. Sure, you can watch YouTube videos and buy the tools, but do you really want to risk it?
Here's the thing about estate planning documents: you won't know if they work until it's too late. We regularly get calls from people who used DIY platforms and are now worried their documents won't work.
The conversation usually goes like this:
Caller: "I used LegalZoom to create my estate plan, but now I'm having doubts. Can you just review it and fix anything that's wrong?"
Us: "We'd be happy to help, but we can't just patch up DIY documents. If we haven't written them, we can't take responsibility for them."
Caller: "So I have to start over?"
Us: "Unfortunately, yes. You will need create new documents."
Bottom line: DIY estate planning might work for single people with no kids, no real estate, and very few assets. For everyone else, it's a big risk.
What Documents Come with a Living Trust Estate Plan?
A complete California living trust estate plan includes:
- Living Trust - The main document that holds your assets
- Schedule of Trust Property - Lists what goes in the trust
- Certification of Trust - A shortened version for banks and other institutions
- Pour-Over Will - Catches anything you forgot to put in the trust and names guardians
- Durable Power of Attorney - For financial decisions
- Advance Health Care Directive and HIPAA - For medical decisions
- Trust Transfer Deed - Moves your home into the trust
Will a Living Trust Protect My Assets from Lawsuits?
No. A living trust won't protect your assets from creditors. That's not what it's for.
A living trust does two things:
- Lets people you trust manage your assets if you can't.
- Allows your hand-picked trustee to transfer your assets to your loved ones without probate.
If you want asset protection, that's a separate conversation about different types of trusts.
Can I Protect My Kids' Inheritance from Their Future Ex-Spouses?
Yes. This is actually one of the smartest things you can do.
You can set up asset protection trusts within your living trust that protect your children's inheritance from:
- Divorce
- Lawsuits
- Creditors
- Their own poor financial decisions
We see too many families where the inheritance gets split in a divorce or lost to creditors. A little planning now can prevent that.
Will My Family Have to Pay Estate Tax?
Probably not, unless you have a very large estate.
In 2025, you can pass almost $14 million to your beneficiaries without paying federal estate tax, and currently there is no California estate tax. For married couples, it's double that - about $28 million.
Now that the One Big Beautiful Bill has passed, the estate and gift tax exemption will increase to $15 million in 2026, and increase for inflation each subsequent year. And this is a permanent change. No more uncertainty.
What Makes Your Law Firm Different?
We try to treat our clients the way we'd want to be treated. Here's what that means:
We only do estate planning and trust administration. This isn't a side hustle for us. We've been doing this for over 25 years.
Fixed fees, no billable hours. You'll know the cost before we start. And once you're our client, you can call or email us with questions for free.
You work directly with attorneys. We don't shuffle you off to staff. You'll build a relationship with your attorney, and since our attorneys are smart, kind, and good listeners, you'll actually enjoy the process.
We don't speak legalese. No legal mumbo jumbo. We'll explain everything in terms you can understand.
We make it easy. Most clients complete their estate plan in two meetings over two to three weeks.
Virtual option available. Busy schedule? We can handle everything virtually from the convenience of your home.
Ready to Get Started?
Estate planning doesn't have to be complicated or stressful. We've helped thousands of California families protect what matters most to them.
The hardest part is often just making the decision to start. Once you do, we'll guide you through the rest, and you'll discover it was easier than you thought it would be.