Wills and Trusts Attorney Serving Los Angeles & Orange County

A will provides instructions for distributing certain assets after death and can also nominate guardians for minor children. A living trust can hold and manage assets during your lifetime and provide instructions for their distribution after death, often allowing properly funded trust assets to avoid probate.

Many estate plans include both. A living trust may serve as the primary tool for managing and distributing assets, while a “pour-over” will can address assets that were not transferred into the trust and provide other important instructions. The appropriate documents depend on your assets, family circumstances, and estate planning goals.

If you die without a valid will, California’s intestate succession laws generally determine who inherits assets that are subject to probate. This means the distribution of your estate may not reflect how you would have chosen to provide for family members or other beneficiaries.

Yes. Assets properly transferred into a living trust can generally be administered and distributed without going through the traditional probate process. However, simply creating a trust is not enough; appropriate assets must also be properly titled or transferred into it.

Not necessarily—but trusts are not only for wealthy families. A trust may be useful for homeowners, parents, business owners, blended families, or anyone who wants greater control over how assets are managed and distributed. Whether a trust makes sense depends more on your circumstances and goals than wealth alone.

Funding a trust means transferring ownership of appropriate assets into the trust or otherwise arranging those assets so they are governed by the trust. Depending on the asset, this may involve changing title to real estate, financial accounts, or other property. An unfunded or improperly funded trust may not accomplish all of its intended goals.

Generally, yes. A will can usually be replaced or amended while you have the legal capacity to do so, and a revocable living trust can generally be amended or revoked during the trust creator’s lifetime. Estate plans should also be reviewed periodically as circumstances change.

Consider reviewing your estate plan after major life events such as marriage, divorce, the birth or adoption of a child, the death of a beneficiary or trustee, purchasing significant property, starting or selling a business, or experiencing substantial financial changes.

Yes, under certain circumstances. Challenges may involve allegations such as lack of capacity, undue influence, fraud, improper execution, or questions about the validity or interpretation of estate planning documents. Proper preparation can help reduce the risk of future disputes.

An experienced wills and trusts attorney can help you evaluate your assets and goals, prepare appropriate estate planning documents, address California legal requirements, and structure a plan tailored to your family and circumstances. Legal guidance can also help identify issues that generic forms or do-it-yourself estate plans may overlook.