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Estate Planning Living Trust California

A nationwide poll conducted in 2022 by Athene in partnership with Kiplinger’s Personal Finance magazine revealed that 75 percent of Americans ages 50 and older want more guaranteed income than they already have or expect to have for retiremen


If giving is part of the legacy you hope to leave, our estate and wealth planning teams can help you define the most suitable approach for your family and the organizations you care about. Whether you give regularly during your lifetime or are considering a significant future gift, EP Wealth helps you explore charitable strategies that align with your values and financial priorities. Whether you’re working with an estate attorney or need a referral, our role is to provide clarity and help guide decisions with the full picture in mind. Our team helps you assess beneficiary designations, structure trusts to support long-term stewardship, and coordinate your documents with your goals.
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We’ll work with you to identify and address the communication, planning and family governance issues that can help keep future generations unified around the goals that are important to you. Trusts allow you to specify how and when your clients' assets will be distributed after death. Let our tax-efficient investing strategies show you potential ways to preserve clients’ wealth. As an advisor, you can add significant value by helping clients build tax efficiency into their estate plan.
Edward Jones Trust Company as a trustee
At EP Wealth, we work with clients to address these nuances early and integrate them into their broader estate and wealth management strategies. EP Wealth Advisors may cover some or all of the costs of preparation of foundational estate planning documents for select clients when using one of the independent attorneys we have contracted with for estate plans. Many people have a will, which is vitally important, but they may not have made decisions about how their wealth will be managed after they're gone. Click here for more financial education resources and to learn about other life transition planning services. Watch one of our webinar to better understand the basics of estate plannin


The word "revocable" means you can change, amend, or cancel the trust at any time while you are mentally competent, under Probate Code Section 15401. A California revocable living asset protection planning for retirement trust is the foundation of a sound estate plan for most homeowners in San Diego County and throughout the state. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter.
Requires Upfront Wo


You can buy, sell, invest, or use the assets exactly as you did before creating the trust. The word "revocable" means you can change, amend, or cancel the trust at any time during your lifetime, as long as you have the mental capacity to do so (California Probate Code §15401). A revocable living trust is a legal document you create during your lifetime that holds ownership of your assets, such as your home, bank accounts, and investment


Even without major changes, a formal review every three to five years helps ensure your plan stays current with California law. The federal estate tax asset protection planning for retirement exemption for 2026 is $15,000,000 per individual, or $30,000,000 for married couples, under the One Big Beautiful Bill Act. A Heggstad petition under Probate Code Section 850 may allow the court to transfer the assets into the trust if the trust or supporting documents show clear intent to include the asset, but this remedy is not guaranteed. If assets remain titled in the grantor’s individual name rather than in the trust’s name, those assets may go through California probate.
How a California Revocable Living Trust Avoids Probate
A professionally drafted California revocable living trust typically costs between $2,500 and $5,000 for a complete estate plan package. Many clients at Opelon LLP choose a trusted family member as their primary successor trustee and name a professional fiduciary or trust company as a backup. Qualities to look for in a successor trustee include trustworthiness, organizational skills, financial responsibility, and willingness to seek professional help when needed. A California revocable living trust becomes irrevocable when the grantor passes away or permanently loses mental capacity to make change


A California revocable living trust avoids probate because the trust, not you individually, owns your assets. These statutory fees do not include court filing fees (starting at $435), publication costs ($200 to $500), or probate referee fees (approximately 0.1% of appraised assets). A properly funded revocable living trust bypasses probate entirely, saving families thousands of dollars in statutory fees and 12 to 18 months of court delays. This guide walks you through the seven critical steps to protect your family, explains how California’s community property rules asset protection planning for retirement create unique tax advantages, and answers the questions we hear most often from clients across San Diego County.
Key Roles in a Revocable Living Tru