Wills vs. Living Trusts in California
Wills and Trusts: The Basics
A will and a living trust are both core estate planning tools, but they work in different ways. A will distributes assets after death and names guardians for children. A revocable living trust manages assets during life, avoids probate, and continues after death.
Key Differences Between a Will & Living Trust
Privacy
Wills are public; trusts are private.
Timing
Wills take effect after death; trusts function during life and after.
Management
Wills use executors; trusts rely on trustees.
Benefits of a Living Trust in California
California’s probate process can be lengthy and costly, especially in high-value areas like Woodland Hills and Los Angeles. A revocable living trust helps families:
Avoid probate delays.
Maintain privacy.
Manage property across multiple states.
Provide seamless management during incapacity.
When a Will is Still Important
Even with a trust, most families still need a will. A pour-over will catches any assets left outside the trust and transfers them into it. For parents, a will is critical for naming guardians for children.
Our Will & Trust Drafting Services
At The Estate Planning & Elder Law Firm, we help clients decide whether a will, a trust, or both is the best fit. Richard M. Seff works directly with families to create personalized documents that hold up when needed most.
Frequently Asked Questions
Can I change my living trust?
Yes. A revocable trust can be changed or revoked during your lifetime.
Does a will cover assets in my trust?
No. Assets in your trust are controlled by the trust itself, not the will.
Do I need both a will and a trust?
Yes, in most cases. A trust handles most of your estate, but a will is still needed to name guardians and manage unfunded assets.
Next Steps – Get the Right Plan
Not sure if you need a will, a trust, or both? We can help you decide. Call today to schedule your free consultation.
