Trusts To Avoid Probate · Thousand Oaks, California
Keep your family out of court.
A Trust can do that.
Assets placed in a Trust bypass the probate process. David R. Schneider has been preparing Living Trusts for families in the coastal counties of California since 1999.
Our Clients Share Their Experience
Client experiences reflect individual circumstances. Past results do not guarantee similar outcomes.
How a Trust Avoids Probate
A Trust, as a separate legal entity, can hold property titled in the name of the Trust. Since the Trust, not the individual, owns the assets, those assets are not considered part of the deceased person’s estate.
When determining whether probate is necessary, the key question is: what did the deceased person own? If the answer is nothing, because all assets were held in a Trust, then there is no probate estate, making probate unnecessary.
Preparation, Administration, and Everything After
Trusts are vital tools for providing for family needs and have important tax planning benefits. When you create a Trust, you put funds into the hands of a Trustee with instructions as to how to provide for beneficiaries. We have assisted clients with Trusts throughout California since 1999.
Preparation of Trusts
Different Trusts address different needs. Revocable Living Trusts give a trusted relative or friend access to your funds in case of disability, and are used to avoid Probate Proceedings. Irrevocable Trusts are used as tax planning tools and for asset protection. Special Needs Trusts provide for a dependent with disabilities.
Trust Administration
We guide Trustees in complying with legal requirements and avoiding breach of fiduciary duty. We also assist Trustees involved in litigation or IRS investigations.
Support for Beneficiaries
We take action for beneficiaries who are unhappy with the administration of a Trust. Where a Trust already exists, we guide Trustees or beneficiaries as the situation requires.
Probate can be daunting and time consuming. Let David R. Schneider handle the legal hurdles so you can focus on life’s important moments.
When Probate Is Required
A Probate Proceeding is required in California only when all three of the following are true. If any one of them is missing, there is no probate estate.
1
A Person Has Passed Away
Probate is a court process that begins after death. Nothing here applies while you are living.
2
Property Was Held in Their Name Alone
Property titled in the name of a Trust is owned by the Trust, not by the individual, so it is not part of the estate.
3
The Property Exceeds the Threshold
California sets gross value limits. Above them, a full Probate Proceeding is required.
WHAT TO EXPECT
How a Living Trust Works
When you create a Living Trust, you name yourself as the primary Trustee and a trusted relative or bank as the secondary Trustee.
While You Are Able
You simply do what you want with the funds, exactly as you did before.
If You Become Incapacitated
Your Successor Trustee gains access and takes over for as long as you are unable, following your instructions to care for you and your family and pay your bills.
After You Pass
The Successor Trustee distributes the funds as you directed, to provide for your family.
No Probate, and Privacy
The funds were not technically yours at your death, so they do not go through probate. The Trust is not a public record.
Our Approach
We believe our clients may not always know what questions to ask. It’s our responsibility to ensure all your concerns are addressed, even those you may not think to ask. Our personalized approach guarantees that every aspect of your estate planning is meticulously covered.
Direct Attorney Access
Every client works with David Schneider personally for all legal matters, never passed off to a paralegal or associate.
California-Wide Probate
We handle probate proceedings throughout California via remote court appearances, saving you travel, time, and money.
Educational Approach
“It is impossible to know what you do not know.” David takes the time to explain so you can make fully informed decisions.
Frequently Asked Questions About Trusts and Probate
How much does it cost to set up a Living Trust in California?
Fees vary based on complexity. A basic Living Trust typically costs between $2,000 and $4,000, which includes Trust document preparation, asset transfer assistance, and Pour-Over Will creation. Probate costs, by comparison, can run 4 to 7 percent of an estate’s value.
What happens if I forget to put some assets into my Trust?
Any assets left out of your Trust may need to go through probate if they exceed California’s thresholds, currently $208,850 for personal property and $69,625 for real property, based on gross value. A Pour-Over Will can help transfer forgotten assets into your trust after death, though this may still require a Probate Proceeding.
Can I manage my assets normally after putting them in a Living Trust?
Yes. With a Revocable Living Trust you maintain complete control of your assets. As the primary Trustee, you can buy, sell, or modify assets just as you did before. The trust only changes access if you become incapacitated or pass away, at which point your Successor Trustee takes over.
How long does it take to set up a Trust and transfer assets?
The basic Trust setup typically takes two to three weeks from initial consultation to final document signing. Asset transfers can take an additional one to two months depending on the types of assets involved. Real estate transfers, account retitling, and beneficiary updates are handled systematically to ensure proper trust funding.
Integrity and Experience at the Core of Our Legal Services
With decades of professional experience, David R. Schneider, APC blends deep community ties with a wealth of experience. From running a successful business to excelling in the legal field with top grades and honors, David’s extensive knowledge ensures comprehensive and trusted legal support. His lifelong commitment to the Conejo Valley and its residents is your assurance of reliable and heartfelt service. Choose a legacy of excellence for your legal needs.