Legal Question in Wills and Trusts in California

You can use living trust document forms found online to use for your estate plan. However, keep in mind, there are associated documents that may be required and funding of estate assets to the trust that must be completed. While online documents may be an option for some individuals, they may not serve one's best interest. Although using an online form may be an option, utilizing such documents are often not a replacement for seeking competent legal help.

As Mr. Reid has stated, you can use the online forms to establish your trust. You should not attempt to draft a trust on your own, however. There are too many nuances in the law and regarding each individual's particular circumstances for you to try this on your own. With most people, a primary goal for establishing a trust is to avoid probate. Despite these best intentions, a trust can end up having to be probated when it has been improperly drafted or where the trust assets have not been transferred to the trust.

If you do decide to draft your own trust using an online source, I strongly recommend that you have the documents reviewed by an estate planning attorney. Most online sources will claim that their programs either apply to all states or that they have tailored their programs for each individual state. It's very difficult to tailor a trust for all states, as the law varies from state to state. Even where the program is designed for California, your particular circumstances or your family or your goals for the trust, can result in a trust that is really unsuited for you. For example, some considerations are: Will you be marrying within the next year or so? Have you been previously married? Do you have children from a previous marriage? Step-children? Children with special needs? Do you own out of state property? Are you a caregiver? Do you need to plan for long term care for yourself or a loved one? Are you or a spouse receiving disability? Do you own property jointly with anyone else? Do you own a business with someone else or even on your own?

I hope you find this helpful. You can email me at [email protected], if you have any other questions.

the assistance of a qualified attorney is critical to implementing an estate plan which actually will accomplish your goals and not have any unintended consequences.

I urge people not to use the forms found online or in bookstores for estate planning. I always recommend the use of a competent estate planning attorney. It prevents much heartache and expensive problems down the road.

I agree with the other lawyers, but if you must DIY in CA, I recommend the Nolo Press books/forms. They are a good resource for understanding the process even if you do hire a lawyer.

You will be surprised by how reasonable fees are right now...