Living Trust Attorney in Simi Valley, California
A revocable living trust is a document you sign during life. You can keep control as trustee, name a successor if you cannot serve, and title assets in the trust. A properly funded trust may help avoid probate for assets titled in the trust. Carmen B. Marquez has practiced since 2001. CBM Estate & Trust Law was founded in 2012. The office is at 2655 First Street, Suite 110, Simi Valley, CA 93065, (805) 915-4793. This page is general information, not legal advice. We do not handle probate matters.
What a revocable living trust does
During life you can use and manage trust assets as trustee, and you can change a revocable trust while you have capacity. If you resign or cannot serve, the successor trustee can step in under the document. At death, assets titled in the trust are administered under the trust. That administration is usually private, in the sense that it is not a public probate file for those assets. A properly funded trust may help avoid probate. Assets left outside the trust can still need another path. We do not handle probate matters.
Who should consider a living trust in California
Homeowners, blended families, parents of minor children, and people who own property in more than one state are common reasons to look at a trust. A trust is not automatically the right tool. A will, a transfer-on-death deed, or account beneficiary designations may fit some assets better. Beneficiary designations are reviewed so they fit the plan. The comparison is Living Trust vs Will in California. A transfer-on-death deed is covered in TOD deed vs living trust. Choosing the person who would serve is how to choose a successor trustee.
Funding your trust
Funding is how the trust and the title records come to match. A house needs a deed to the trustee. A bank account may be retitled. Retirement accounts usually stay in the owner's name, with beneficiary designations reviewed so they fit the plan. An unfunded trust does not hold what was never transferred. The short version is trust funding. The longer guide is How to fund a California living trust.
Living trust vs will
A will names beneficiaries and an executor, and it can nominate a guardian. It generally takes effect at death and may go through probate. A living trust can operate during incapacity and, when funded, may help avoid probate for assets titled in the trust. Families often use both. Read Living Trust vs Will in California and the wills page.
Our process
The work moves in four stages: consultation, design, signing, and funding. The complimentary 60-minute consultation is the first meeting, at the Simi Valley office or by video or phone. Design means choosing terms that fit your family and your property. This page does not list a fixed set of documents. Signing is the appointment where you execute what was prepared. Funding is the follow-through on deeds and account titles. Trust funding describes that last stage.
What does a living trust cost?
The fee depends on the property, the family, and the work required. This page does not list prices. You will hear the fee in the complimentary 60-minute consultation, before you hire the firm. Call (805) 915-4793 or use the contact page.
Legal plan members
CBM also accepts ARAG legal plan members. CBM Estate & Trust Law accepts MetLife Legal Plans for most estate planning services, including coverage for a spouse and dependents where the plan includes it (specific coverage depends on your employer's plan; Private Clients can add uncovered services). MetLife members can also upgrade to CBM's Private Client package at a reduced rate if they want services beyond what's covered. Mention MetLife when booking.
Read MetLife Legal Plans estate planning and ARAG legal plan estate planning. If a parent-child transfer of a home is part of the plan, also read the Prop 19 parent-child exclusion guide.
About Carmen B. Marquez
Carmen B. Marquez has practiced since 2001. The firm was founded in 2012. Meetings are at 2655 First Street, Suite 110, Simi Valley, CA 93065, or by video or phone.
FAQs
Does a living trust avoid probate in California?
A properly funded trust may help avoid probate for assets titled in the trust. Assets left in an individual name can still need a court process. The difference is funding: deeds, account titles, and beneficiary designations reviewed so they fit the plan. This page does not promise that result for every asset. We do not handle probate matters.
Is a living trust better than a will?
Neither document is better for every family. A will can name beneficiaries, an executor, and a guardian for minor children. A funded living trust may help avoid probate for assets titled in the trust, and it can cover incapacity during life. The right mix depends on your home, accounts, and family. Read the comparison guide, then talk with a lawyer.
Do I still need a will if I have a trust?
Often yes, as a pour-over will. It can nominate a guardian for minor children and catch assets left outside the trust. It does not replace funding. Assets it has to catch may still go through probate. A trust may help avoid probate for assets titled in the trust. We do not handle probate matters.
What happens if I do not fund my trust?
Property and accounts left outside the trust may not follow its instructions. A house never deeded to the trustee can require a court petition. The AB 2016 home petition guide explains one path for a California home. Funding lines the trust up with the records. Start with that guide and a consultation.
Can I change a revocable living trust?
Yes. While you are living and have capacity, a revocable living trust can usually be amended or restated. The method has to match the trust. Writing in the margin is not a reliable change. An amendment signed the wrong way may not do what you intend. Bring the trust to a consultation before you rely on a markup.
How long does it take to set up a living trust?
Timing depends on the property, the family, and how quickly deeds, account lists, and decisions are ready. A straightforward home often moves faster than several properties or a blended family. This page does not promise a number of days. The complimentary 60-minute consultation is where a schedule for your own facts can be discussed.
Book your complimentary 60-minute consultation: (805) 915-4793
Call (805) 915-4793 or use the contact page. The office is at 2655 First Street, Suite 110, Simi Valley, CA 93065.