Why Most DIY Trusts Fail in California

What It Could Cost Your Family

A living trust can help you protect your family, avoid probate, and keep your estate private. But in California, when people use DIY kits or online templates, the results often backfire.

Common Pitfalls

Most DIY trusts fail because they’re:

• Not properly funded
  Signing a trust isn’t enough. You must retitle your assets into the trust. If you don’t, those assets stay outside the trust and may go to probate.
• Vague or incomplete
  Generic language doesn’t hold up in court. If your trust lacks clear instructions, expect disputes.
• Improperly executed
  Pour-over wills need two witnesses. Real estate transfers require notarized deeds. Miss these, and your plan may collapse.
• Outdated or never updated
  Life changes—divorce, births, deaths—aren’t reflected. DIY trusts often go stale, causing confusion later.

What Can Go Wrong?

When a trust fails:

• Your estate goes to probate. Expect delays and high fees.
• Financial details and family conflicts become public.
• Heirs may fight. Legal battles get expensive.
• Trustees can be held personally liable.

Data That Speaks for Itself

• 40% of DIY trusts in California are unfunded
• 27% lead to litigation
• $9,500 average cost to fix a DIY trust
• DIY trusts are 3 times more likely to end up in probate

Why Lawyers Get Better Results

Attorneys don’t just fill out forms. They:

• Customize your trust to match your goals and assets
• Ensure compliance with California law
• Coordinate your trust with other legal documents
• Advise your trustee when it’s time to act

Peace of Mind Isn’t DIY

A cheap online form can cost your family thousands in legal fees and years of stress. A well-prepared trust is an investment in certainty and stability.

Want to make sure your trust works the way you intended? Contact me today.