Video RESOURCES

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 Similar to a will, a Living Trust is a legal document that allows you to have a plan for your possessions after your death – and more importantly, while you are still alive. A Living Trust “owns” the property you put into it, while still allowing you to maintain control. You can put most assets of value into a Living Trust.  Common examples may include your home, bank account, stocks, etc.  

•  AVOID PROBATE:   In California, your estate assets – with or without a Will - must go through probate, which is a mandatory judicial process of settling your estate.  One of the largest benefits of putting your assets in a Living Trust is that your assets are not subject to probate before being distributed to your beneficiaries — the people you’ve named to receive your assets.  This can help you and your loved ones avoid what’s often a lengthy, expensive, and public process.
• PRIVACY:   After your death, your will is filed with the probate court and becomes a matter of public record. Since a Living Trust is not subject to probate,  the value/contents of your estate and your beneficiaries are all kept out of public records.
• AVOID CONSERVATORSHIP:   What if you become incapacitated and can’t make financial decisions? You would then need a loved one to apply for a court appointed conservatorship, which is an expensive and time-consuming process. In a Living Trust, your appointed successor trustee can manage your affairs without getting the courts involved.

Living Trusts guarantee that a pet will be cared for following its owner's death. They also give owners more control over what happens to their pets after they die. Owners can give specific, legally enforceable instructions regarding their pet's care and set aside funds to ensure their pets receive that standard of care.

•  No emotional attachment
• Benefit of business expertise, such as real estate accounting and investing 
• Creates an Investment Policy Statement for the Trust
• Instances of second marriages and/or co-mingling families
• Avoids potential conflicts of interest

No, it depends upon the value of the Estate.

As of 2022:

• Under $184,500: You may not have to go through a court probate if the personal property is less than the predetermined value. There is a simple process of transferring property to the Beneficiary name.

• Over $184,500: probate is required. For these types of probates you will need an attorney, and an executor or a court appointed to probate administrator.

Again, you can avoid probate with a Living Trust.

California probate code section PROB § 810 sets the maximum fees allowed. 

Maximum is the key word. The California law does not require that the estate pay the maximum.

SINRA Successor Trustee Services Inc. will charge an hourly fee in leiu of the maximum statutory fee. We have found that not all Estates require the amount of work that equals the statutory fee. 

In other words, SINRA Successor Trustee Services Inc will charge equal or less than the CA statutory fee schedule established for the probate representative.