Find answers to some of the most common questions about Living Legacy Law, our services, and what to expect when working with our team. If you still have questions, please give us a call at (909) 942-6033 or send us an email—we’re happy to help.
Estate planning is the process of making legal decisions about what happens to your property and who makes decisions for you if you’re incapacitated or when you pass away. If you have children, own real estate, have savings or retirement accounts, or simply want to avoid leaving a mess for your loved ones — you need an estate plan.
Yes. Every adult should have some level of estate planning in place. In the event you become ill, incapacitated, or pass away, you’ll want someone able to handle your affairs on your behalf. Whether your estate is simple or complex, having a plan ensures your wishes are carried out and your loved ones are protected.
A will tells the court how you want your assets distributed, but it still has to go through probate — a public, often lengthy court process. A living trust, on the other hand, allows your assets to pass directly to your loved ones without probate, keeps your affairs private, and can also plan for what happens if you become incapacitated, not just when you pass away. Most complete estate plans include both, working together.
If you pass away without a will in California, the state decides who inherits your assets — not you. This is called “intestate succession,” and it follows a fixed legal formula that may not reflect your wishes, especially for blended families, unmarried partners, or loved ones outside your immediate family. Without a plan in place, your family may also face a longer, more expensive probate process during an already difficult time. The good news: a proper estate plan puts you back in control.
An estate plan isn’t a one-time task — it should grow with your life. We recommend reviewing your plan every few years, and any time you experience a major life change: a marriage, a new child or grandchild, a move, buying or selling property, or the loss of a loved one named in your plan. We’re here for those updates long after your original documents are signed.
We recommend reviewing your estate plan every 3–5 years, or sooner after major life events such as marriage, divorce, the birth or adoption of a child, a significant change in assets, or the death of a named beneficiary or trustee.
A Durable Power of Attorney designates someone to manage your financial and legal affairs if you become incapacitated. Without one, your family may need to petition a court to appoint a conservator. Every adult needs this document, regardless of age.
Proposition 19 fundamentally changed how a home passed from parent to child is treated for property tax purposes in California. Before this law took effect, children could generally inherit a parent’s home and keep the same low taxable value no matter how they used the property afterward.
For transfers occurring on or after February 16, 2021, Proposition 19 narrowed that protection considerably. To keep the home’s original, lower taxable value now, your child must move into the property and use it as their own primary residence, and they must file for the homeowners’ exemption within one year of the transfer. If they instead keep the home as a rental, vacation property, or investment rather than living in it, the county will reassess it at current market value, which can substantially raise the property tax bill compared to what you paid. Even when a child does move in and qualifies, there’s a cap on how much value can carry over tax-free.
Probate is the court-supervised process of distributing a deceased person’s estate. In California, probate is required for estates over $184,500 (as of 2024) that aren’t held in a trust. The process typically takes 12–18 months and can cost 3–7% of the gross estate value. A properly funded living trust avoids probate completely.
No — this is one of the most common misconceptions we hear. A will only directs how your assets should be distributed; it does not avoid probate court. If you want your family to skip probate entirely, a properly funded living trust is the tool that makes that possible.
Creating a trust is only half the job — it has to be “funded” to actually work. Funding means retitling your home, bank accounts, and other assets into the name of your trust. An unfunded trust provides no protection at all, which means your family could still end up in probate court even after you’ve done the planning. We walk every client through this process step by step, so nothing gets missed.
A revocable trust can be updated or amended during the lifetime of the person who created it. That means assets can be added to or removed from the trust as the person wishes. An irrevocable trust, on the other hand, means that once the assets are established, it can no longer be changed or amended, and any assets belonging to that trust cannot later be removed. People often choose irrevocable trust planning for tax reasons, asset protection, or a variety of other purposes.
A first-party special needs trust is created using assets that belong to an individual with special needs — often someone receiving means-tested government benefits. When these individuals receive assets directly, it may interfere with their ability to continue receiving those benefits; a first-party special needs trust helps protect their eligibility. ABLE accounts are sometimes used alongside a first-party special needs trust as well.
A third-party special needs trust is funded with assets belonging to someone other than the individual with special needs — such as a parent or grandparent. Because these funds never belong to the special needs individual directly, they don’t interfere with that person’s ability to receive government benefits, as long as the assets are held in the trust rather than given to the individual outright.
Both types of trusts are valuable estate planning tools for providing for a loved one with special needs.
Many people put off estate planning because they imagine it as a months-long ordeal. In reality, most of our clients complete their full plan in just a few weeks. We keep the process organized and guide you through every step, so it’s thorough without being overwhelming. We can expedite service if needed.
A third-party special needs trust is funded with assets belonging to someone other than the individual with special needs — such as a parent or grandparent. Because these funds never belong to the special needs individual directly, they don’t interfere with that person’s ability to receive government benefits, as long as the assets are held in the trust rather than given to the individual outright.
Both types of trusts are valuable estate planning tools for providing for a loved one with special needs.
Yes. We proudly offer full bilingual services in English and Spanish. Every consultation, document review, and signing appointment is available in Spanish for clients who prefer it. Ofrecemos servicios completos en español.
A third-party special needs trust is funded with assets belonging to someone other than the individual with special needs — such as a parent or grandparent. Because these funds never belong to the special needs individual directly, they don’t interfere with that person’s ability to receive government benefits, as long as the assets are held in the trust rather than given to the individual outright.
Both types of trusts are valuable estate planning tools for providing for a loved one with special needs.
We offer transparent, flat-fee pricing for most estate planning services, so you’ll know the full cost before we begin. Fees vary depending on the complexity of your plan. Contact us to discuss your specific needs.
A third-party special needs trust is funded with assets belonging to someone other than the individual with special needs — such as a parent or grandparent. Because these funds never belong to the special needs individual directly, they don’t interfere with that person’s ability to receive government benefits, as long as the assets are held in the trust rather than given to the individual outright.
Both types of trusts are valuable estate planning tools for providing for a loved one with special needs.
The first step is simple — schedule a consultation with our office. We’ll discuss your family, your goals, and the best plan of action. From there, we handle everything.
A third-party special needs trust is funded with assets belonging to someone other than the individual with special needs — such as a parent or grandparent. Because these funds never belong to the special needs individual directly, they don’t interfere with that person’s ability to receive government benefits, as long as the assets are held in the trust rather than given to the individual outright.
Both types of trusts are valuable estate planning tools for providing for a loved one with special needs.
