Living Trusts & Estate Planning
Protect your assets and prepare for the future with a custom made estate plan, including a living trust, a will, a durable power of attorney, and advanced healthcare directive.
Trust Administration
Our office provides trust administration/settlement advice and services so that, as trustee, you can be comfortable that you are performing your duties.
Probate
When a person dies without a trust and/or a will, his or her estate will need to be probated so that the assets can be distributed to his/her heirs. Our office can assist you...
Why Do Estate Planning?
To control what happens to your property
- Retain absolute control of your property throughout your lifetime
- Apportion shares and making gifts to loved ones as you see fit
- Keep your personal and financial information private
- Maintain the ability to make changes in your estate plans at any time
To save money and preserve your estate
- Avoid probate and attorneys’ fees
- Take advantage of significant tax strategies and advantages
- Avoid a “fire sale” of assets
- Provide for grandchildren and saving money
To provide your family and heirs the convenience of clear, written instructions
- Leave clear, written instructions of your wishes
- Avoid probate inconveniences
- Provide privacy for your family/heirs
- Provide timely access to estate resources for your family/heirs
Do I Need a Trust?
In simple terms, if you own real estate or have children, you should probably have a living trust. Living trusts are designed to pass your assets on to your loved ones without the complications and expense of probate.
What Does it Cost?
There are two ways to purchase estate planning documents; in a complete set or by each individual document. The more cost effective way is to have your planning done all at one time. However, there are situations where a single specific document is needed immediately or client has already had some documents drafted. The pricing below details both full estate plan pricing and prices for the individual documents.
Estate Planning Price List
Complete Estate Plans:
Estate Planning Package
(for an unmarried person)
$3,000 + Recording and Notary Fees
Estate Planning Package
(married couple)
$3,750 + Recording and Notary Fees
Estate Planning Price List:
- Two attorney consultations
- Revocable Living Trust
- Pour-Over Will(s)
- List of Trust Assets
- Trust Certification
- Durable Power of Attorney
- Advanced Healthcare Directive
- Assignment of Tangible Personal Property
- Nomination of Guardian for Minors
- Indexed Trust Portfolio
- Preparation of Trust Transfer Deed for 2 real properties +
Preliminary Change of Ownership
| Individual Estate Plan Documents | Price |
|---|---|
| Basic Trust Package – Individual (Trust and Pour-Over-Will) |
$2,500 + Notary fee |
| Basic Trust Package – Married Couple (Trust and Pour-Over-Will) |
$3,000 + Notary fee |
| Stand Alone Will (individual/married couple) |
$1,000/$1,500 |
| Durable Power of Attorney | $500 + Notary fee |
| Advanced Healthcare Directive | $500 + Notary fee |
| Additional Provisions & Documents | Price |
|---|---|
| Drafting and Recording Specialty Deeds | $300 + Recording and Notary Fees |
| Drafting and Recording Additional Deeds (concurrent with Trust Signing) |
$300 + Recording and Notary Fees |
| Amendments | $500/hour + Notary Fee |
| Probate and/or Trust Administration | $500 /hour |
We pride ourselves on providing our clients with quality estate planning services at affordable prices, with great compassion and consideration for every specific situation.
We look forward to assisting you with all of your estate planning needs!
What is a living trust?
A living trust, also known as a revocable trust or inter vivos trust, is a legal document that allows you to transfer your assets into a trust during your lifetime. You can retain control over the assets and change the trust's terms or beneficiaries as needed.
Why would I create a living trust?
Who can create a living trust?
What assets can I put into a living trust?
Do I still need a will if I have a living trust?
Do I need an attorney to create a living trust?
What is Estate Planning?
What Is Probate And When Does It Occur?
Probate means that the probate court oversees the administration of a deceased person’s estate who had who had more than $208,850 in assets in his or her individual name and only had a will, or no will at all. The court that oversees the administration is the probate department of the Superior Court in the county where decedent resided or died owning property.
Probate proceedings will occur when a person dies (decedent) who:
- Had more than $208,850 in assets in sole name
- Did not have a trust
- Had assets that were not properly transferred to a trust
- And/or did not have jointly held assets or beneficiary designations on all assets
In these cases, probate proceedings will likely be necessary to distribute the decedent’s assets.
Not all court probate proceedings are long, drawn out affairs. There are simple proceedings that require only one petition filing and a court hearing.
A couple examples of simple petitions are spousal property petitions to transfer or confirm property to a surviving spouse, or Heggstad petitions to get a court order to transfer an item of property mistakenly not transferred to decedent's valid trust prior to death. If any particular probate petition or legal document is required, we have the experience to recognize this and prepare the correct legal document.
When a traditional, full probate court proceeding or administration is required to distribute decedent's assets, it generally takes at least a year to complete.
How much does probate cost?
Probate fees in California are set by statute under Probate Code §10810. Attorney fees are based on the gross value of the estate, not the net value after debts. The personal representative (executor or administrator) is entitled to receive the same statutory fee.
These statutory fees are separate from additional probate expenses, which may include court filing fees, publication costs, probate referee appraisals, bond premiums (if required), and other administrative costs.
Because fees are calculated on the gross estate value, probate can become costly — particularly when real property is involved.
The statutory fee schedule is as follows:
4% of the first $100,000
3% of the next $100,000
2% of the next $800,000
1% of the next $9,000,000
0.5% of the next $15,000,000