5 Myths About Living Trusts in California
When Californians think about estate planning, the term “living trust” often comes up. Unfortunately, myths and misconceptions keep many families from using this powerful tool to protect their assets and loved ones. At Apricity Law, we help clients separate fact from fiction so they can make confident decisions about their future. Here are five of the most common myths about living trusts in California, and the truth behind them.
Myth 1: A Living Trust Is Only for the Wealthy
Truth: Living trusts aren’t just for millionaires. In California, where real estate values are high, even modest estates can exceed the probate threshold. Without a trust, your estate may be tied up in probate court, costing your family significant time and money. A trust helps any family avoid those delays and expenses, regardless of wealth level.
Myth 2: A Will Provides the Same Protection
Truth: A will and a trust serve different purposes. While a will can direct where your assets go, it does not avoid probate. In fact, a will must be validated by the court before assets can be distributed. A living trust, on the other hand, transfers assets directly to your beneficiaries without court involvement. That means faster distributions, lower costs, and more privacy for your family.
Myth 3: Setting Up a Living Trust Means Losing Control of My Assets
Truth: A revocable living trust lets you keep full control of your assets during your lifetime. You can buy, sell, refinance, or gift property just as you always have. You can also amend or revoke the trust at any time. Think of it as a legal “container” for your assets, one that you control until you’re gone or incapacitated.
Myth 4: My Family Will Automatically Avoid Conflict With a Trust
Truth: While a trust can make transitions smoother, it doesn’t eliminate the possibility of disputes. Clear drafting, proper funding of the trust, and choosing the right trustee are essential steps. With careful planning, you reduce the risk of family disagreements and protect your intentions.
Myth 5: Creating a Trust Is Complicated and Too Expensive
Truth: Setting up a living trust is more straightforward than most people think—and the upfront cost is often far less than the expense of probate. At Apricity Law, we guide you through the process step by step, making sure your trust is tailored to your goals. In the long run, a properly prepared trust saves your family money, stress, and time.
Final Thoughts
A living trust is one of the most effective estate planning tools available in California. It’s not about wealth—it’s about protecting your family, your legacy, and your wishes. At Apricity Law, we help clients in Truckee, Tahoe, Reno, and throughout California design estate plans that fit their unique needs.
If you’re ready to take the next step in protecting your future, contact us today to schedule a consultation.
Disclaimer: The information provided in this blog is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship between you and Apricity Law, PC. Legal issues are complex and fact-specific; you should not act or rely on any information contained herein without first consulting a qualified attorney regarding your specific situation. While we strive to keep this content current, laws and regulations may change, and we do not guarantee the accuracy, completeness, or timeliness of the information provided. If you require legal assistance, please contact Apricity Law, PC to discuss your matter.