Trusts

As Certified Probate and Trust Specialists, and as an attorney, we know that buying and selling properties that are held in Trust can be more complicated than a standard purchase or sale. That's why, if you’re looking for a Real Estate Team to represent you in your transaction, it’s important to work with professionals who understand the issues involved. Otherwise, you may end up wasting a lot of time and money. We help Clients with their Trust transactions which includes everything from pre-listing preparation through the close of escrow. So, if you have a property in a Trust that you're interested in SELLING or BUYING please let us know and we would be happy to help!

What is a "Trust"?

A “Trust” is created to hold assets for the benefit of certain persons or entities. The “Trustor” is the person who creates a Trust. The “Trustee” is the person that has been authorized by a Trust to hold and manage property for the benefit of a beneficiary. A “Revocable Trust” is when the Trustor retains the power to revoke the Trust and an “Irrevocable Trust” is a Trust that cannot be changed at any time. It is also worth noting that generally, real estate held in a Trust (see below), does not go through Probate.

What is a "Living Trust"?

A “Living Trust” is set up during the lifetime of a person to distribute money or property to another person or organization. This Trust has a duration that is deemed at the Trust’s creation and can entail the distribution of assets to the beneficiary during or after the Trustor’s lifetime. This is also known as an Inter-Vivos Trust. One advantage of a Living Trust, as opposed to a Will, is that Probate of real property may not be necessary after someone passes away.

What is a "Testamentary Trust"?

A “Testamentary Trust” is created by the terms of a Will to manage assets given to the beneficiaries. It is the opposite of a Living or Inter-Vivos Trust because it goes into effect upon the death of the Trustor.

For additional information concerning Probate, Trusts and Conservatorships, you can also visit the CALIFORNIA COURTS JUDICIAL BRANCH website, the LOS ANGELES SUPERIOR COURT PROBATE website, the CALIFORNIA LEGISLATIVE INFORMATION website (for the Probate Code) and our GLOSSARY.*

*Please note that the foregoing is for informational purposes only and does not constitute legal advice. For legal advice concerning any and all aspects of Probate, Trusts or Conservatorships, you should contact your attorney.