Legal Question in Wills and Trusts in California

Many attorneys will prepare all the necessary documents (more than four for a married couple, as each spouse needs a Will, Power of Attorney and Advance Health Care Directive, and a deed to transfer the home into the trust must be prepared and recorded) for a fixed fee, while others will charge hourly. From the way your questions is phrased, it sounds like you might have it in mind to purchase forms rather than encourage your parents to retain a lawyer. Probably not a good idea- there is more to estate planning than the forms.

Ms. Cusack is correct. It has been my experience that the online forms out their rarely accomplish the goals desired and, in the end, cost much more in probate fees than if the grantor had hired an attorney in the first place. You should contact a local estate planning attorney and if you cannot find one, contact the local county bar association for a referral.

You should also understand that simply signing a trust form does not work to avoid probate. You must also transfer every asset into the trust name,. Depending on the assets owned, this means deeds, assignment of equity interest in business entities owned, changing bank or investment accounts, potentially changing beneficairies on life insurance, IRA's or qualified plan benefits and other steps integral to an effective estate plan.

It is worth you while to engage counsel and do this correctly. The costs of mistakes can be quite substantial.