I own a home. Should I set up a trust or a will?
With real estate, a trust comes first. In California, property left by will alone must go through probate, where statutory attorney fees and court costs are calculated on the gross market value of the property — the full value even if there is a mortgage. That cost is usually far higher than setting up a trust during your lifetime. If you own no real estate and your assets are simple, a will plus powers of attorney is usually enough.
Why is probate so expensive?
Attorney fees are set by California Probate Code §10810 as a statutory percentage of the gross estate — gross, not net, so a mortgaged home counts at full value. For a moderately sized estate, that figure usually far exceeds the cost of establishing a trust.
What does the flat fee include?
Drafting, a clause-by-clause explanation, revisions through the final version, and arranging signing and witnessing, plus guidance on transferring property into the trust and updating account beneficiaries. Court fees, notary fees, and property recording fees are charged by third parties and are separate.
Why can't a couple use the same attorney for a prenuptial agreement?
California law is strict: parties with conflicting interests cannot be represented by the same attorney. If both use one attorney, the agreement is very likely to be set aside by a court later. Each party must have their own attorney, and each fee is quoted independently.
How far in advance should a prenuptial agreement be prepared?
The earlier the better — at least three months is advisable. California requires a statutory review period of at least seven days before signing, and once you add time for accounting, financial disclosure, and negotiation between both attorneys, doing it close to the wedding is not only more expensive but invites a claim that it was signed under pressure, which can undermine its validity.
Is the trust finished once it is signed?
No. Property must be deeded into the trust and accounts must have beneficiaries updated; otherwise the trust is empty and probate is still required. We confirm each item before closing the matter.
Can documents be changed after they are drafted?
Yes. A revocable trust and a will can be amended while you have capacity; later changes are billed hourly. Review them after a marriage, divorce, birth, property purchase or sale, or a move to another state.
Can you handle trust administration after a death?
Yes. The trustee must inventory assets, notify beneficiaries, handle transfers and tax filings. Depending on the assets and whether there is a dispute, this is handled on a flat fee or hourly. If a family member serves as trustee and prefers to administer it themselves, we can provide procedural guidance only.