A Living Trust Built for Your Family, Your Property, and Your Peace of Mind

A revocable living trust is the foundation of most sound estate plans in California — and as a San Diego living trust attorney with over 14 years of experience, I handle every trust personally, from the first conversation through signing.

Why California Families Choose a Living Trust Over a Will

A will sounds straightforward, but in California it comes with a significant catch: anything that passes through a will must go through probate, a court-supervised process that can take a year or more and consume a meaningful portion of the estate in statutory fees. A living trust transfers your assets to your beneficiaries privately, without court involvement, and often within weeks of your passing.

 

For San Diego homeowners especially, the math is clear. California's probate fees are set by statute — 4% of the first $100,000 of gross estate value, 3% of the next $100,000, and 2% of the next $800,000, with the same percentages applying to the attorney and the personal representative separately. On a $900,000 home, that adds up to over $36,000 in fees before accounting for court costs or extraordinary compensation. A properly funded living trust sidesteps that process entirely.

What a Living Trust Actually Does — and What It Doesn't

A revocable living trust is a legal document that holds your assets during your lifetime and transfers them to your named beneficiaries after you pass, according to your instructions, without court supervision. You remain in full control as the trustee while you are alive and have capacity — you can buy, sell, refinance, or remove assets at any time.

 

What a trust does not do on its own: it does not protect assets from creditors during your lifetime, it does not reduce your taxable estate by itself, and it does not cover assets that were never transferred into it. That last point is where many DIY trusts fail. A trust that has not been properly funded is a trust that will not work when your family needs it most.

What's Included When I Draft Your Living Trust

Every living trust I prepare is part of a coordinated estate plan, not a standalone document. Depending on your situation, your plan will typically include:

 

  • A revocable living trust tailored to your family structure, assets, and distribution goals
  • A pour-over will to capture any assets not transferred to the trust during your lifetime
  • A durable power of attorney for financial decisions if you become incapacitated
  • An advance healthcare directive naming who can make medical decisions on your behalf
  • A HIPAA authorization so your designated agent can access your medical records
  • Deed preparation to transfer your San Diego real property into the trust

 

I do not hand your file to a paralegal or associate. You work with me directly, and I am available to answer questions after your plan is signed.

Property Taxes and Your Living Trust: What San Diego Homeowners Need to Know

Transferring your home into a revocable living trust does not trigger a property tax reassessment in California. The transfer is excluded under Revenue and Taxation Code § 62(d) because you retain full control as the trustee. Your assessed value stays the same.

 

Where property tax planning becomes more complex is at inheritance. Under Proposition 19, a child who inherits a parent's home and does not use it as a primary residence within one year will face reassessment at current market value — a significant cost for families holding low-assessed San Diego properties. I practice in both estate planning and property tax law, which means I can structure your trust to account for Prop 19 implications from the start, not as an afterthought.

Serving Point Loma and Surrounding San Diego Neighborhoods

My office is located at 3667 Voltaire Street in Point Loma, and I work with clients throughout San Diego. If you are in La Jolla, Coronado, Mission Hills, Ocean Beach, Pacific Beach, or Chula Vista, I am available to meet in person or by phone for your free consultation.

Common Questions About Living Trusts in California

  • Do I still need a will if I have a living trust?

    Yes. A pour-over will works alongside your trust to capture any assets that were not transferred into the trust before your death. It also allows you to name a guardian for minor children — something a trust cannot do. The two documents are designed to work together.

  • Can I change or revoke my living trust after it's signed?

    Yes. A revocable living trust can be amended, restated, or revoked at any time while you have legal capacity. Most clients update their trusts after major life events: marriage, divorce, the birth of a child or grandchild, a significant change in assets, or a change in who they want to serve as successor trustee.

  • How long does it take to set up a living trust in San Diego?

    For most clients, the process takes two to four weeks from the initial consultation to signing. Complex situations — blended families, business interests, special needs beneficiaries, or significant real property holdings — may take longer. I will give you a realistic timeline at our first meeting.

  • What happens to my living trust if I move out of California?

    Your California trust remains valid if you move to another state, but it may benefit from an update to reflect the laws of your new state. If you are relocating within California or to another state, I recommend a review before you move.

  • Does a living trust protect my assets from creditors?

    A revocable living trust does not shield assets from creditors during your lifetime because you retain control over the trust assets. Certain irrevocable trust structures can offer creditor protection, but they involve giving up control. I can explain the tradeoffs during your consultation.

    How much does a living trust cost in San Diego? I offer a free initial consultation, and I provide honest fee estimates before any work begins. Trust costs vary based on the complexity of your estate, the number of documents required, and whether deed preparation is included. Most clients find the cost straightforward once we talk through what their plan actually needs.

Start With a Free Consultation

If you have been putting off estate planning because it feels complicated or you are not sure where to start, the first step is a conversation. I offer free, no-obligation consultations and annual check-ins for existing clients at no charge. Call 619.994.1215 or use the contact form to schedule.