Estate planning for California seniors and retired couples. Incapacity protection from dementia and Alzheimer's. Simplified asset management for your children. Avoid probate court. Attorney-prepared living trust designed for retirees. Starting at $400.
For seniors and retired couples in California, a living trust isn't just about what happens when you die—it's about protecting you if you become incapacitated. Stroke, dementia, Alzheimer's, serious illness—these risks increase with age. A senior living trust California ensures someone you trust can manage your finances immediately without expensive court proceedings.
This is exactly what happened to Mickey Rooney, Casey Kasem, and countless non-celebrities. It's expensive, slow, public, and humiliating.
Cost: $400-$500 one time vs. $10,000-$15,000+ conservatorship. Easy decision.
1 in 9 Americans over 65 develops Alzheimer's. If this happens to you, your living trust protects you. Your successor trustee manages finances, pays for care, protects you from financial predators and scams. Without a trust, your family faces expensive conservatorship proceedings while you're vulnerable. The trust plan you make today (while competent) protects you tomorrow (if you become incompetent).
When you pass away, a living trust makes asset distribution simple for your children. No 12-18 month probate. No $27,000-$68,000 in probate fees. Your successor trustee distributes assets within weeks according to your written instructions. Your children are dealing with grief—they shouldn't also deal with probate court bureaucracy. The trust is your final gift to them: simplicity and speed.
For married couples, when the first spouse dies, the surviving spouse often needs immediate access to assets—to pay bills, manage the home, cover living expenses. With a living trust, the surviving spouse (as successor trustee) has immediate access. No probate delays. With only a will, the surviving spouse must wait 12-18 months for probate to close before accessing the deceased spouse's assets. For seniors on fixed incomes, this delay can be financially devastating.
Our senior living trust package includes coordinated healthcare planning: Advance Healthcare Directive (living will + healthcare power of attorney) and HIPAA authorization. These documents work together with your living trust to ensure both financial and medical decisions can be made if you're incapacitated. Your family has authority to make medical decisions AND manage finances—complete protection.
Seniors are often targeted by scammers, predators, and dishonest caregivers. Probate makes your financial information public—anyone can see what you owned and who inherited. A living trust keeps everything private. Only your family and successor trustee know the details. This privacy protects you from predators and protects your heirs from harassment.
Many seniors hesitate to hire attorneys because of the hassle—multiple in-person appointments, transportation challenges, COVID concerns. Our online process takes 30 minutes from your home. No travel. No waiting rooms. Attorney review happens remotely. You receive documents by email and mail. Simple, safe, affordable. Modern estate planning for modern seniors.
If you own your home (or a retirement condo, mobile home, etc.), transfer it to your living trust. This is usually your largest asset. Without a trust, your home goes through probate, costing tens of thousands in fees and preventing your heirs from selling or accessing it for 12-18 months. We provide deed transfer guidance.
Checking accounts, savings accounts, certificates of deposit—all should be retitled in your trust name. This allows your successor trustee to access funds immediately if you're incapacitated or after your death. Without this, accounts freeze when you die and your family cannot access them during probate.
Stocks, bonds, mutual funds, brokerage accounts—transfer these to your trust. Contact your brokerage and provide a copy of your trust. They'll retitle accounts to "[Your Name], Trustee of [Trust Name]." Your investments continue exactly as before, but now they're protected from probate.
Do NOT retitle IRAs, 401(k)s, or other retirement accounts in your trust name. This triggers immediate taxation. Instead:
Keep life insurance policies in your individual name. Name specific beneficiaries (spouse, children, grandchildren). Life insurance with named beneficiaries avoids probate. You can name your trust as beneficiary if you want the trust to control distribution (useful if beneficiaries are minors or have special needs).
Jewelry, artwork, collectibles, furniture, vehicles—assign these to your trust using a Personal Property Assignment (included in our package). This simple document transfers ownership of all personal property to your trust without needing to individually list every item.
Your successor trustee manages your financial affairs if you're incapacitated and distributes assets after your death. Choose someone:
Name at least two successor trustees in order of preference. If your first choice cannot or will not serve (predeceases you, becomes incapacitated themselves, or declines), your second choice takes over. This ensures your trust always has someone to manage it. Many seniors name all adult children as co-successors, requiring them to work together (this can prevent disputes or create them—know your family dynamics).
No. As long as you're mentally competent to understand your assets and make decisions, you can create a valid living trust at any age. Many people create trusts in their 70s, 80s, or even 90s. If you're concerned about capacity, our attorney review process documents your competency. The key is acting while you're still capable—once you develop dementia or become incapacitated, it's too late.
Your living trust names a successor trustee who automatically takes over if you become incapacitated. They manage your finances, pay bills, handle investments, even sell assets to pay for your care—all without court involvement. Without a trust, your family must petition for conservatorship, which costs $10,000-$15,000+, takes months, and requires ongoing court supervision. The trust protects your dignity, privacy, and your family's finances.
Keep your house in YOUR name (or transfer it to your trust, which you control). Do NOT transfer it directly to your children during your lifetime. Here's why: (1) You lose control—your children could sell it, creditors could claim it, their divorce could affect it, (2) Capital gains taxes—your children lose the step-up in basis you get at death, potentially costing tens of thousands in taxes, (3) Property tax reassessment possible. A living trust gives you complete control during life while ensuring smooth transfer to children at death.
A basic revocable living trust does NOT protect assets from nursing home costs or Medi-Cal (California Medicaid) spend-down requirements. Because the trust is revocable (you can cancel it), assets are still considered yours for Medi-Cal eligibility. However, irrevocable trusts can provide asset protection for Medi-Cal planning—this requires specialized elder law planning. Our service focuses on probate avoidance and incapacity planning, not Medi-Cal qualification.
Your living trust should name successor trustees who take over if both of you are incapacitated. Typically, this is an adult child, trusted family member, or professional fiduciary. They step in immediately to manage finances, pay for care, and make necessary financial decisions. Without this planning, someone would need to petition for conservatorship for both of you—doubling costs and delays.
Incapacity protection. Simplified asset management. Avoid probate. Protect your dignity and your family. Attorney-prepared living trust for California seniors and retired couples.
Attorney-Reviewed | 25+ Years Experience | California State Bar #208356