Atlas Document Preparation Services

Legal Services Overview

Living Trusts and Wills

Trusts can be used to transfer assets before death and avoid probate. There are a few different types of trusts; revocable trusts, commonly called “living trusts,” are a popular means of avoiding the probate process. If a person transfers all of their assets to the trust, they own no assets at death. This way, no assets go through the probate process.

A Living Trust also states your decisions if you become medically incapacitated during your lifetime; who will make decisions about your property and other items;  who will act as guardian of your children.

Why do you want a living trust?

The most common reason for setting up a living trust is to avoid probate for your estate.

Compared to the cost of probate, a living trust seems like a reasonable instrument to create. In California, an attorney may charge a percentage of the estate’s fair market value to take care of a probate case.

Do I need a will?

Whether to have a will is an individual decision. A will can direct who gets your assets. A Pour-over Will, as part of an estate plan, is a safety net that puts any assets (up to a total value of $184,500) into the living trust if you have not done so.  Having a will can also limit the time creditors have to file a claim against the estate.  It can name a guardian to care for your children, name an executor, and specify how debts will be paid.

Revocable Living Trust:

  • Living Trust Package:
  • Will for each spouse/partner
  • Durable Power of Attorney for each spouse/partner
  • Advanced Health Care Directive for each spouse/partner
  • Final Arrangements for each spouse/partner
  • Client Info Sheet

The Living Trust is presented to you in a binder with dividers, and is printed on bright, acid-free paper.