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A successor trustee can sell real estate or other trust assets when doing so is necessary to pay expenses, settle debts, or distribute proceeds to beneficiaries. Estates with assets exceeding this value that are held in the deceased person’s individual name generally must go through the formal probate process unless proper planning, such as a revocable living trust, is in place. In rare cases, the trust document may grant limited powers or a court may authorize changes under specific circumstances allowed by California law. Because you retain full control and can revoke the trust at any time under Probate Code Section 15401, creditors can reach trust assets just as they could reach assets held in your inheritance planning support individual name. A California revocable living trust does not provide asset protection from creditors. This includes the trust document, a pour-over will, a durable power of attorney, and an advance healthcare directive.
Requires Upfront Wo

Even experienced attorneys can encounter pitfalls when creating revocable trusts. Before drafting a trust, attorneys should conduct a detailed client intake to identify estate planning objectives, financial assets, and family dynamics. The information here is provided for educational purposes only and is not intended to provide, and should not be construed as providing legal or tax advice. Estate planning may implicate both state inheritance planning support and federal laws, and estate planning needs will differ based on personal circumstance and applicable law. Sign up for our newsletter for the latest on wills, trusts, and more. You can log in to our secure website, fill out a guided questionnaire, and receive a California trust document specific to your wishes.
Choose your beneficiarie

When you pass away, the successor trustee distributes the trust assets to your beneficiaries without court involvement. It also helps clients avoid probate, ensuring a smooth transfer of assets to beneficiaries. Clients often select family members without fully considering their financial literacy, availability, and fiduciary responsibilities. Before drafting a trust, attorneys should conduct a detailed client intake to identify estate planning objectives, financial assets, and family dynamics. A revocable trust allows attorneys to structure conditional distributions, such as staggered inheritances, asset protection for beneficiaries, or special needs plannin

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
For example, your estate plan should include advanced healthcare directives and a healthcare proxy so that, if you become incapacitated, someone you trust can make medical decisions as per your wishes. We want to ensure that your financial plan aligns with your long-term tax strategy, so you keep more of what’s yours. From preparing and filing your taxes to providing forward-looking tax advice designed to minimize future tax burdens, we can help yo

Special Provisions: When to Include Them in Your Estate Plan
You just want to make sure you’re also designating a successor trustee to take over after you pass away.1 Your trustee is the person responsible for managing and carrying out your trust fund after it’s been created. Trust funds are meant to set aside and protect your assets for the future — whether that’s before or after you’re gone. Even if you create a living trust but do not fund your trust during your life, your trust can still effectively work as your estate plan and serve several purposes, so long as you sign a ”pour-over” will that distributes your probate assets at your death to your trust. On the other hand, a well-prepared trust as part of your overall estate plan has many benefits and will facilitate the implementation of a plan that meets your goals. This means that between your various life insurance policies, investment/retirement accounts with named beneficiaries, and other assets, up to $4 million may be transferred at your death without any tax liability.
What are the Steps for Setting Up a Living Trus

Most California families benefit from having both a revocable living trust and a pour-over will. Funding a California revocable living trust means inheritance planning support transferring ownership of your assets, including real estate, bank accounts, and investments, from your individual name into the trust’s name. A complete California estate plan includes a pour-over will (to catch assets not transferred to the trust), a durable power of attorney for financial matters, an advance healthcare directive, and a HIPAA authorization.
Key Roles in a Revocable Living Tru