What is a Living Trust?

Everything You Need to Know

A living trust is a legal document that allows individuals to communicate their instructions for what they want to happen to their assets during their lifetime and after their death. The individual will transfer ownership of their assets such as property, bank accounts, and investments, into the trust. They will then become the trustee, allowing them to retain control and buy, sell, or modify assets within the trust as they see fit during their lifetime.

Living trusts are advantageous because they allow for the seamless transfer of assets upon the individual’s death. This helps the estate avoid probate, which can be expensive, time-consuming, and stressful for all involved. By placing your assets in a living trust, you can make provisions for them to be distributed privately, efficiently, and according to your preferences after you pass.

A living trust allows you to keep your affairs private and remain flexible as needed. Since a trust is not subject to probate, its details remain private; this is different from a will, which becomes a matter of public record. You can also modify or revoke a trust at any point, allowing you to make updates as your circumstances or wishes change.

In the event that you become ill or incapacitated, having a living trust can be enormously beneficial. You can name a successor trustee to step in and manage the trust assets on your behalf. This ensures continuity and avoids the need for a court-appointed guardian.

While a living trust can be a valuable tool in your estate plan, it might not be the best solution for everyone. Consult with our office to determine whether a living trust aligns with your specific circumstances. We’ll help guide you through the process to ensure that your wishes are met and your assets are protected. At The Ashcraft Firm, our dedicated team of estate planning attorneys helps clients in Murrieta, Temecula, Menifee, and surrounding communities navigate the complexities of living trusts and estate planning.

Why Consider a Living Trust in California?

  1. Tax Benefits: Living trusts can provide significant tax benefits, both during your lifetime and after your passing. Our living trust attorneys can help you maximize these benefits while ensuring compliance with California's complex tax laws.
  2. Flexibility and Control: A living trust allows you to maintain control over your assets during your lifetime. As a revocable trust, you can modify or dissolve it at any time. Our family trust attorneys can help you make informed decisions about managing your assets and providing for your loved ones. 
  3. Privacy: Unlike wills, living trusts are not public records. This means that the details of your estate and its distribution remain private. Our wills and estates lawyers can help you understand the differences between these legal documents and choose the best option for your needs.

Additional Trust Services from The Ashcraft Firm

  • Trust Administration: The Ashcraft Firm offers Trust Administration services to help guide you throughout the process of receiving and handling the distribution of funds. After your passing, a trustee will manage and distribute your assets according to your wishes. Our trust administration services will help to officially put you in charge as a Trustee and ensure you are meeting all of California’s Probate Code requirements.
  • Regular Reviews: It's essential to review your living trust periodically to ensure it reflects your current wishes and circumstances. Our estate planning attorneys can help review your living trust or family trust at any time to help you make any necessary updates or changes.
  • Family Trust: A family trust is a legal arrangement where a person (the grantor) transfers assets to a trust, which is managed by a trustee for the benefit of the grantor's family members (the beneficiaries). The primary goal of a family trust is to protect and manage assets, ensuring they are distributed according to the grantor's wishes. This can provide various benefits, including tax advantages, asset protection, and the ability to control how and when assets are distributed to beneficiaries. Family trusts are often used in estate planning to help families preserve wealth and provide for future generations.

Take the First Step Toward Peace of Mind

Trust The Ashcraft Firm for all your estate planning needs in California. Whether you need a living trust attorney, probate lawyer, or assistance with trust administration, our compassionate and knowledgeable team is here to help. Contact us today at (951) 516-2292 to schedule a consultation and take the first step toward securing your future and protecting your loved ones.