Tehachapi's Online Community News & Entertainment Guide

Learn the benefits of a living trust

Ask the LDA

If you are reading this article, I am assuming you are at least thinking about an estate plan. So let's continue!

What are the benefits of a Living Trust?

A trust does not get filed with the court. A will does. Transferring your biggest assets into a trust makes it a whole lot easier for your heirs, I should say kids, to manage your assets upon your death. The person you name as the successor trustee can manage your assets if you become incapacitated. It can also be highly customized to fit your needs. That includes children of course (yours, mine and ours) and can include our fur babies. All of this means no costly probate.

Who benefits from a Trust?

In California if your home is worth more than $184,500, without a trust you are looking at a court supervised Probate. Keep in mind if your estate has a good chance of $5 million or more, a trust with tax planning is a good idea. If you are in a second marriage and have complicated assets, like a business, or have children with special needs, a trust makes sense. You definitely should consult an attorney if either of these latter matters are you. As a Legal Document Assistant I cannot give you any legal advice other than...you need an attorney.

Unless your estate is complicated or you are very wealthy, the actual estate planning documents and procedures are not that hard. A Legal Document Assistant, such as I, can give you concise information (see the word concise) written by attorneys that will answer your basic questions. Then you would fill out a simple questionnaire that directs me to prepare the documents. Once I have all the information, I prepare the documents at your specific direction, you will review them and if all is the way you want it, we will make an appointment to sign the documents. I am also a notary public. And I will come to you if requested!

The weather has cleared up so now is the perfect time to get your affairs in order. Call me today for an appointment.

Diana Wade is a Legal Document Assistant. She can be reached at (661) 821-0494 or [email protected]. Diana is not an attorney; she can only provide self-help services at your specific direction. Kern County LDA #185, ex 4/11/25.