What to expect during your first meeting
In Estate Planning, it is recommended that every five years or so, you take out your trust and review it to see if there are some big changes that have occurred or if you have simply changed your mind on some of the decisions you made previously. If everything remains the same, you can put the trust back on the shelf. The other thing to consider is that life-changing events can happen at any time, and if those occur, a revisit to your estate plan could be necessary.
A will provides for the distribution of your estate after you pass away. It also can provide for guardianship for minor children and can be set up to provide to stepchildren, godchildren, and even friends. You can also choose your own executor (the person who will carry out your wishes).
A will does not protect against creditors. A will does not avoid probate. A will still must be brought to court and administered in the presence of a judge (unless the estate’s value falls under California’s small estate threshold, which is periodically updated by the legislature).
A trust and a will are both documents that allow for the distribution of assets, the ability to appoint an executor or a trustee, and describe what your wishes are after death. A trust, however, does not go to court (probate). It protects your beneficiaries from creditors and Medicaid payback, and it is a more secure way of protecting your home after you are gone.
Living trust, Certificate of trust, Declaration of trust, Pour over will, Guardianship if applicable, Special Needs Trust if applicable, Durable Power of Attorney, Advanced Healthcare Directive, Assignment of Business Interest if applicable, new deeds to property, Notary, and Engraved commemorative box.
No. California does not have either one of these taxes, which is why a living trust, or revocable trust, works perfectly in California and protects your beneficiaries from having to pay a tax on your estate upon receipt. (There is a federal estate tax, but the exemption is now permanent at $15 million per individual, so very few estates are affected.)
A health care directive allows you to express your wishes regarding your health care and even end of life decisions in a situation where you may be unable to communicate these wishes to your physician. You are able to appoint the person you want and trust to be in this role and this is a source of comfort for you and is preferred by physicians. Letting your family know in advance what you wish to happen prevents family members from making these hard decisions, especially when they will already be emotional.
Probate is a formal legal process that varies slightly by state. Probate will give legal recognition to a will and will appoint the executor if one has not been designated prior.
Probate costs in California are set by statute and scale with the size of the estate, not including filing fees or additional costs from complex or contested matters. We’re happy to walk you through what probate could look like for your specific situation during a consultation.
The cost of an estate plan varies based on marital status, properties owned, and the complexity of your goals. We provide clear, transparent fee information before you decide whether to move forward, so there are no surprises.
An executor is responsible for the execution of a will at the passing of the testator. A trustee is responsible for the management and distribution of a trust which can be during lifetime as well as at death.
Heather Lynn Law offers compassionate, personalized estate planning solutions built for your specific needs.
Full‑service estate planning including trusts, wills, powers, directives, prenuptials, notary, and more.
Answers for you on trusts versus wills, probate fees, the estate planning process, and so much more.
