Key Considerations for Drafting a Revocable Living Trust

Key Considerations for Drafting a Revocable Living Trust

As the Law Office of Andrew Fesler in Carlsbad, we understand that estate planning is a crucial step for securing your family’s future. One effective tool in this process is a Revocable Living Trust. A Revocable Living Trust, unlike a will, offers a flexible way to manage your assets during your lifetime and dictates how they should be handled after your death. Here, we outline key considerations for drafting a Revocable Living Trust, specifically under California law, and the unique support we offer as local Carlsbad estate planning attorneys.

elderly couple signing a draft for a revocable living trust

Understanding Revocable Living Trusts

A Revocable Living Trust is an estate planning tool that allows you to maintain control over your assets while you are alive and details how these assets are to be distributed upon your death. The ‘revocable’ aspect means you can alter or revoke the trust during your lifetime. In California, such trusts are governed by the California Probate Code, especially sections relating to trusts and estate planning.

Key Considerations

  1. Choosing a Trustee: The trustee manages the trust. While many choose to be their trustee during their lifetime, selecting a successor trustee is vital. This individual or entity will manage your trust upon your incapacity or death.
  2. Funding the Trust: For the trust to be effective, you must transfer assets into it. This can include real estate, bank accounts, and personal property. In California, the process involves re-titling assets in the name of the trust, which may require specific forms and procedures.
  3. Understanding Local Laws: California law has unique provisions regarding estate planning. For example, California’s Probate Code Section 15400 states that unless a trust is expressly made irrevocable, it is revocable by the trustor. Familiarity with such local nuances is crucial in drafting an effective trust.
  4. Planning for Incapacity: A Revocable Living Trust can provide clear instructions in case of your incapacity. This is especially relevant under California law, which has specific statutes addressing incapacity within estate planning (e.g., California Probate Code Sections 4600-4675).
  5. Avoiding Probate: One of the main advantages of a trust is avoiding the lengthy and public probate process. In California, trusts are not subject to probate, thereby providing privacy and potentially reducing estate settlement costs.

The Role of a Local Carlsbad Estate Planning Attorney

Navigating the complexities of California law requires expertise. As Carlsbad estate planning attorneys, we understand the local legal landscape. We can help ensure that your trust aligns with California statutes and effectively protects your interests. Our local knowledge extends to the filing requirements, tax implications, and other specifics that are unique to California and, more specifically, the Carlsbad area.

Why Choose Us?

At the Law Office of Andrew Fesler, we believe in personalized estate planning. We take the time to understand your individual needs and tailor a Revocable Living Trust that reflects your unique circumstances and goals. Our expertise in local laws and regulations ensures that your trust is not only legally sound but also optimized for your specific situation.

Contact Andrew Fesler Today

Creating a Revocable Living Trust is a significant step in ensuring that your assets are managed and distributed according to your wishes. By considering local laws and working with a knowledgeable Carlsbad estate planning attorney, you can create a trust that serves your needs and provides peace of mind. We encourage you to contact Carlsbad estate planning attorney Andrew Fesler at (760) 444-0943 for a personalized approach to estate planning that secures your legacy and protects your loved ones.

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Kathy S.

Mission Bay


Andrew provides excellent professional work, and is very kind and understanding, which is an extra bonus! Especially when the work required is difficult for a client in many ways.

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