Frequently Asked Questions

We know estate planning, probate, and trust administration can feel overwhelming. Below are answers to some of the questions we hear most often. If you don't see your question, we're happy to help.

Getting Started

  • We begin with a complimentary 15-minute phone consultation. During that conversation, we'll learn about your goals, answer your questions, and help determine which services may be appropriate for your situation.

  • The cost depends on the type of planning you need. Our trust packages start at $4,000 for individuals and $5,000 for married couples. Will packages and standalone services are also available. We believe in transparent pricing and are happy to discuss fees during your consultation.

  • Yes. Many meetings can be conducted by phone or Zoom for your convenience.

  • Any existing estate planning documents, a general list of your assets, and any questions you would like answered can help us provide more meaningful guidance.


Estate Planning Basics

  • It depends on your assets, family situation, and goals. In California, many people who own real estate, have more than $208,850 in assets, or want to avoid probate may benefit from a trust. Others may only need a will and supporting documents. During your consultation, we'll help determine which option best fits your needs.

  • A will provides instructions for distributing your assets after death and allows you to nominate guardians for minor children. A trust can help avoid probate, provide management during incapacity, maintain privacy, and make it easier for loved ones to carry out your wishes.

  • California law determines who inherits your assets. The distribution may not reflect your wishes, and your loved ones may need to go through probate court before assets can be distributed.

  • Documents such as a Durable Power of Attorney and Advance Health Care Directive allow trusted individuals to make financial and medical decisions on your behalf if you become unable to do so yourself.

  • Yes. Most estate plans can be updated as your life changes. We recommend reviewing your estate plan after major life events such as marriage, divorce, the birth of a child, significant changes in assets, or the death of a loved one.

  • Yes. Estate planning isn't only for retirees or wealthy individuals. Every adult should consider having powers of attorney and healthcare directives in place so that trusted individuals can assist if an unexpected illness or accident occurs.


 Trusts

  • A living trust is a legal document that holds assets during your lifetime and provides instructions for how those assets should be managed if you become incapacitated and distributed after your death.

  • Many people create trusts to avoid probate, maintain privacy, provide for loved ones, plan for incapacity, and make the administration of their estate easier for family members.

  • Assets that are properly transferred into a trust generally avoid probate. However, assets left outside the trust may still require court involvement.

  • Funding a trust means transferring assets into the name of the trust. This is an important step because a trust can only control assets that have been properly transferred to it.

  • Yes. Most clients create revocable living trusts, which allow them to maintain full control of their assets during their lifetime.

  • Many California homeowners choose a trust because real estate often triggers probate if it is not properly planned for. A trust can help simplify the transfer of property to loved ones and avoid court involvement after death.

  • Possibly. Certain situations may require more advanced planning, including having a child with special needs, significant retirement assets, charitable giving goals, or concerns about estate taxes. We can help determine whether a specialized trust is appropriate for your circumstances.


Wills

  • A will allows you to name beneficiaries, nominate an executor, nominate guardians for minor children, and provide instructions regarding your assets and final wishes.

  • For some individuals, yes. For others, a trust may provide additional benefits. The right solution depends on your assets, family situation, and planning goals.

  • No. A will does not avoid probate. Instead, it provides instructions that the probate court follows when distributing assets.

  • A will only addresses what happens after death. Documents such as Durable Powers of Attorney, Advance Health Care Directives, and HIPAA Authorizations help protect you during your lifetime if you become incapacitated.


Probate

  • Probate is a court-supervised process used to transfer assets after someone passes away. It is often required when a person owned assets in their individual name that do not automatically pass through a trust, joint ownership, or beneficiary designation.

  • Probate is often required when someone dies owning more than $208,850 in assets in their individual name and those assets do not otherwise avoid probate.

  • Most California probate cases take approximately eight months to a year and a half, although timelines vary depending on the court and the complexity of the estate.

  • Probate costs generally include court fees, filing expenses, and attorney fees established by California law. Attorney fees are based on the value of the estate and are paid at the end of the probate process.

  • In many cases, yes. Proper estate planning, including a properly funded living trust, can help families avoid probate.

  • In some situations, a Heggstad Petition may allow the court to transfer certain assets into a trust without requiring a full probate proceeding. We can help determine whether this option may be available.


Trust Administration

  • Trust administration is the process of managing and distributing trust assets after the trust creator becomes incapacitated or passes away.

  • A trustee may be responsible for gathering assets, notifying beneficiaries, paying debts, preparing tax filings, transferring property, maintaining records, and distributing assets according to the trust's instructions.

  • Absolutely. Many trustees have never administered a trust before. We guide trustees through the process and help them understand and fulfill their legal responsibilities.

  • Every trust is different. The timeline depends on the assets involved, tax matters, creditor issues, and the complexity of the administration.

  • When we represent a trustee, attorney's fees are generally paid by the trust rather than by the trustee personally.


Why Choose RLS Law Corporation

Estate planning, trust administration, and probate can feel overwhelming. Our goal is to make the process as clear, manageable, and stress-free as possible. We combine experienced legal guidance with personalized service so that you feel informed, supported, and confident throughout the process.

Still Have Questions?

Every family's situation is different. Schedule a complimentary 15-minute consultation to discuss your goals and get answers tailored to your circumstances.