Complete family estate planning for California parents. Joint living trust protects your children, avoids probate, names guardians, controls inheritance timing. Secure your family's future with attorney-prepared trust. $500 for married couples.
If you're married with children in California, estate planning isn't optional—it's essential. Who raises your kids if you both die in an accident? Who manages money for them? When do they inherit? A California living trust for married couples with children answers all these questions and protects your family from probate.
You and your spouse serve as co-trustees of your joint trust. You manage assets together—buying, selling, refinancing, investing—exactly as before. The trust is revocable, meaning you can modify or cancel it anytime. You maintain complete control. Nothing changes day-to-day except legal title shows "[Your Names], Trustees of [Trust Name]."
The surviving spouse becomes sole trustee automatically. No court proceedings. No probate. The survivor continues managing all trust assets—home, bank accounts, investments—without interruption. The trust becomes irrevocable as to the deceased spouse's share (can't be changed), but the survivor still has full access and control. This seamless transition is the primary benefit for married couples.
When both spouses are deceased, your successor trustee (adult child, trusted family member, or professional) takes over. They distribute assets to your children according to your instructions. If children are minors, the trustee manages funds for their benefit—paying for housing, education, healthcare—until they reach ages you specified (25, 30, 35, etc.). No probate. No court supervision. Exactly as you planned.
If both parents die while children are under 18, someone must raise them. This is the most important decision you'll make. Consider:
Name backup guardians in case your first choice cannot serve.
The trustee manages your children's inheritance until they're old enough to receive it. Can be the same person as guardian or different. Consider:
Same vs. Different Person: Same person = simplicity (guardian requests funds from themselves as trustee). Different people = oversight (financial person reviews guardian's spending requests for appropriateness).
California default: age 18. Bad idea for large inheritances. Better options:
Before distribution age: Trustee can distribute funds for healthcare, education, maintenance, and support (HEMS standard). Your kids won't go without—they just won't receive full control until they're mature.
Most parents divide estate equally among children. But you can customize:
Transfer your California home to your joint trust. When first spouse dies, survivor continues living there with no probate. When second spouse dies, children inherit immediately—they can keep it, sell it, or rent it. No 12-18 month probate delay preventing them from accessing or selling the home.
Retitle joint checking, savings, brokerage accounts to your trust. Both spouses maintain access during lifetimes. When first spouse dies, survivor has immediate access to all accounts. When second spouse dies, trustee can immediately access accounts to pay bills and distribute to children. No probate freeze.
Many married couples with children name their trust as life insurance beneficiary. Why? If both parents die when kids are young, the trust holds life insurance proceeds and manages funds for children's benefit until they're mature. Alternative: Name spouse as primary beneficiary, trust as contingent (if spouse predeceases you).
You can transfer 529 plans to your trust or change beneficiaries to your trust. This ensures college funds are used for education if both parents die before children attend college. Trustee manages 529 accounts for children's benefit.
For most California married couples, one joint trust is simpler and more affordable. You both serve as co-trustees, manage assets together, and the survivor automatically continues when one spouse dies. Separate trusts make sense for second marriages, significant separate property, or complex situations. For first marriage with shared goals, joint trust is best.
The surviving spouse automatically becomes sole trustee and continues managing all trust assets with no interruption. No probate. No court. No waiting. The survivor has immediate full access to the home, bank accounts, investments—everything. The trust becomes partially irrevocable (deceased spouse's share can't be changed), but the survivor retains control and access.
Yes. Your pour-over will (which names guardians) can be updated anytime. If your first-choice guardian moves away, has health issues, or you have a falling out, create a new will naming different guardians. Simple amendment process ($100-200). Your circumstances change—your estate plan should change with them.
Your successor trustee (named in the trust) takes over immediately. They manage all trust assets and distribute funds to the guardian for raising your children—housing costs, food, clothing, education, activities. The guardian doesn't get direct access to the bulk of the inheritance—the trustee controls it and makes distributions for children's benefit. This protects children's inheritance from misuse while ensuring they're well cared for.
Our attorney-reviewed joint living trust package costs $500 for married couples. This includes: joint revocable living trust, pour-over wills (with guardian designation), powers of attorney, healthcare directives, HIPAA authorizations, and all funding documents. Traditional estate planning attorneys charge $3,000-$6,000 for the same package. We charge $500—saving you $2,500-$5,500.
Complete estate planning for married couples with children. Choose guardians. Control inheritance. Avoid probate. Secure your family's future. Attorney-prepared joint living trust for $500.
Attorney-Reviewed | 25+ Years Experience | California State Bar #208356