Honest attorney assessment of DIY trusts, risks, and better alternatives
By Rozsa Gyene, Estate Planning Attorney | State Bar #208356
Technically yes, you CAN create your own living trust in California. But SHOULD you?
As a California estate planning attorney, I see DIY trust mistakes regularly. Common problems:
Cost to fix DIY mistakes after you die: $10,000-$50,000.
Better option: Attorney-reviewed online trust for $150 — same price as DIY kits but with professional oversight.
Yes, California law allows you to create your own living trust without an attorney.
You can:
But here's what I tell clients: Just because you CAN do it yourself doesn't mean you SHOULD.
Most DIY trust kits and templates are designed for all 50 states. They miss critical California-specific provisions:
California is a community property state. Your trust MUST clearly specify:
Generic DIY templates often skip this. Result: Confusion, legal disputes, and $15,000-$30,000 to fix.
California allows parent-child property transfers without property tax reassessment (up to $1M for primary residence). Your trust needs:
DIY templates rarely include this. Your kids could face $10,000-$20,000/year in extra property taxes.
Case: Client used $49 DIY trust kit from bookstore for her $800,000 Los Angeles home.
Problems when she died:
Cost to fix: $28,000 in legal fees + ongoing $18,000/year tax increase.
She "saved" $150 on attorney review. It cost her family $46,000 in the first year alone.
Common DIY living trust mistakes I see:
Result: Trust is "valid" but useless. Assets still go through probate because they were never put in the trust.
With DIY trusts:
By contrast, attorney-reviewed trusts:
| Option | Upfront Cost | Attorney Review | CA-Specific | Risk of Errors |
|---|---|---|---|---|
| Free Template | $0 | ✗ NO | ✗ NO | VERY HIGH |
| DIY Kit/Software | $50-$200 | ✗ NO | ✗ Generic | HIGH |
| Online + Attorney Review | $150 | ✓ YES | ✓ YES | LOW |
| Traditional Attorney | $1,500-$3,000 | ✓ YES | ✓ YES | LOW |
Upfront savings vs. long-term costs:
| DIY Scenario | Upfront "Savings" | Cost to Fix Mistakes |
|---|---|---|
| Missing community property provisions | $150 | $15,000-$30,000 |
| Trust not properly funded (home not in trust) | $150 | $38,000-$68,000 (full probate) |
| Missing Prop 13 language | $150 | $10,000-$20,000/year (ongoing) |
| Invalid beneficiary designations | $150 | $10,000-$25,000 |
Bottom line: Saving $150 on attorney review can cost your family $10,000-$68,000+.
DIY living trust might be okay if ALL of these apply:
Even then, I'd still recommend attorney review for $150. Why risk it?
DO NOT DIY if:
If any of these apply (and for most California homeowners, they do), get attorney review.
Why pay $0-$50 for DIY template with no oversight when you can get attorney-reviewed trust for $150?
Get professional-quality trust with attorney review for DIY prices:
| Feature | DIY Kit ($99) | Living Trust CA ($150) |
|---|---|---|
| Attorney Review | ✗ NO | ✓ YES (CA attorney) |
| Community Property | Generic/missing | ✓ CA-specific |
| Prop 13 Protection | Not included | ✓ Included |
| Deed Preparation | You do it (risky) | ✓ Attorney prepares |
| Error Risk | HIGH | LOW |
| If Mistakes Made | $10K-$50K to fix | Attorney liability |
| Total Cost | $99 + $10K-$50K mistakes = $10,099-$50,099 | $150 |
Verdict: Spending extra $51 ($150 vs $99) for attorney review saves $10,000-$50,000 in potential mistakes.
Problem: Misses California community property laws, Prop 13, CA Probate Code requirements.
Fix: Use California-specific template with attorney review.
Problem: DIYers often use informal addresses ("my house on Main Street") instead of legal descriptions.
Fix: Use exact legal description from deed. Attorney-reviewed services handle this.
Problem: "My children" is ambiguous (includes stepchildren? adopted? born after trust created?).
Fix: Use full legal names and specify relationships. Attorney ensures clarity.
Problem: Create trust but never transfer home to it. Trust is useless.
Fix: Attorney-reviewed services prepare deed and provide funding instructions.
Problem: Forget to notarize, sign in wrong place, use nickname instead of legal name.
Fix: Attorney-reviewed services provide detailed signing instructions.
Problem: Name one trustee but no backup. If they can't serve, trust fails.
Fix: Always name at least one backup. Attorney ensures this.
Absolutely not for California homeowners.
Free template problems:
When free templates might work: Never for California real estate owners. Maybe for very simple estates in other states with no real property.
Cost: $99/year subscription
Pros: User-friendly, step-by-step
Cons: Generic templates, no California-specific provisions, no attorney review, subscription required
Verdict: Better than free templates but still risky for CA homeowners
Cost: $89
Pros: From legal publisher, somewhat California-aware
Cons: No attorney review, DIY funding, software-only
Verdict: Better than most DIY but still no professional oversight
Cost: $279 + $199 for attorney review = $478
Pros: Option for attorney review
Cons: Attorney review costs extra $199, generic templates, expensive
Verdict: If paying $478 for attorney review, better to use Living Trust California for $150
As an estate planning attorney who fixes DIY trust mistakes regularly, here's my advice:
If you're considering DIY to save money: Don't. The "savings" aren't real. Attorney-reviewed online trusts cost $150 — basically the same as DIY kits ($50-$200) but with professional oversight.
If you're considering DIY because you like doing things yourself: I respect that. But your family will pay the price for mistakes. California trust law is complex. Even experienced attorneys make mistakes sometimes.
Best approach: Use online service with attorney review ($150). You get the convenience and low cost you want, plus professional protection your family needs.
Skip the DIY risks. Get professional California living trust with attorney review for $150.
About: Rozsa Gyene, California Estate Planning Attorney, State Bar #208356, 25+ years experience. I've fixed hundreds of DIY living trust mistakes. Don't let yours be next.
© 2025 Living Trust California. Rozsa Gyene, Attorney at Law, State Bar #208356.