Living Trust Attorney in Simi Valley
Living Trust Attorney in Simi Valley
If a Simi Valley homeowner dies with their house in their own name and not in a funded trust, the house goes through probate at the Ventura County Superior Court in Ventura, about 45 minutes away. Simi Valley has some of the fastest home appreciation in Ventura County over the past decade. A home worth $700,000 or more in a probate proceeding triggers statutory fees that most families are not expecting. A properly funded living trust eliminates that process.
I am an estate planning attorney serving Simi Valley and all of Ventura County. I do this work over Zoom or phone and sign in person. I work with families across the Simi Valley spectrum: first-time trust makers, families reviewing plans done a decade ago, and families who had a parent die without a plan and are now dealing with probate while trying to figure out what to do differently. For the full overview, see estate planning in Simi Valley.
The funded trust versus the shelf document
The single biggest failure I see in Simi Valley estate plans is a trust that was signed but never funded. The document exists in a filing cabinet or a binder, but the home is still titled in the owner’s name, not the trust’s name. The bank accounts were never retitled. When the owner dies, the unfunded assets go through probate just as if the trust had never been signed. Funding the trust means transferring assets into the trust’s name, a step that is sometimes overlooked in the original planning process and that I make sure my clients complete.
What comes with the trust
A complete estate plan includes the living trust, a pour-over will that catches any assets not in the trust at death, a durable power of attorney for finances, and an advance health care directive for medical decisions. These four documents together handle the main scenarios: death, incapacity, and ongoing management of your affairs. For families with a disabled beneficiary, the trust can include a special needs sub-trust or pour into a standalone special needs trust. Trust administration is what your successor trustee does when the time comes, and probate is what the funded trust prevents.
Questions Simi Valley clients ask
My parents had a trust. Why does probate still seem complicated? Either the trust was not funded, meaning assets were left outside the trust in their personal names, or there is a dispute about the trust’s terms. Both situations are common. I can review what you are dealing with and explain the path forward.
Can I trust the online trust documents? They exist, but the question is whether they are right for your situation. A generic template may miss California-specific provisions, may not be updated for current law, and does not include the funding guidance that makes the trust actually work. The savings on the front end usually cost more on the back end.
What happens to my house if I move out of California? The trust stays valid in another state, but the trust document may need updating for the new state’s laws, and the property title in California should remain in the trust. California real estate in a California trust generally avoids California probate regardless of where you live.
Book a consultation at https://ridley.click/eric-60 or call 805-244-5291. I serve Simi Valley and all of Ventura County.
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