You’ve got the Trust. Now let’s make sure it actually works.

A trust without funding is just a very expensive stack of paper. Let's fix that.

Q: Why isn’t my doctor’s name listed in my Healthcare Directive?

A: Because physician information changes frequently, we use the “Business Card Method.” Please take your doctor’s current business card and slip it into your estate binder for your agents to reference.

Q: I have already made cremation or burial arrangements. What should I do with the paperwork?

A: Place those receipts and contracts directly into your estate binder. If no prior arrangements are made, your designated agent has the legal authority to use your directive to make those arrangements.

Q: What is the purpose of the HIPAA Authorization?

A: This document permits doctors to share medical information with your named individuals (spouses, children, and trustees). It is necessary to facilitate care and allow your trustees to obtain the doctor’s notes required for trust management.

Q: Should I keep my original documents in a bank safe deposit box?

A: Generally, no. If you are the only person with access to that box and you become incapacitated, the bank may require a court order to open it. Keep your binder in a secure, accessible place at home, and ensure your Successor Trustee knows where it is.

Q: Can I cross out a name in my Trust and write in a replacement?

A: No. You must not write on or cross out names in the legal body of your documents. Doing so can create ambiguities that may require a court hearing to resolve after your death.

Q: Where am I permitted to make updates or notes?

A: You are encouraged to write on the Personal Property Memorandum (for heirlooms) and the Trust Property Schedule (for assets). These are designed to be updated by you as your life changes.

Q: How often should I have my documents reviewed?

A: We recommend a formal review every 3 to 5 years. However, you should use the DIY checklists on this site annually. If you experience a major life event, contact us sooner.

Q: When I die, does my Trust become a public record like a Will?

A: No. A Will must be filed with the court and becomes public. A Trust is a private contract and is settled behind closed doors without public disclosure of your assets.

Q: Does the Trust automatically own my bank accounts?

A: No. You must proactively retitle them. For example, if you bank at Golden One, you must instruct them to title the account in the name of your Trust to ensure it avoids probate.

Q: How do I handle my IRA or Life Insurance?

A: These are “Non-Trust Assets.” You must ensure you have valid, up-to-date beneficiary designations that align with your plan. Look in your binder for specific instructions from the attorney.

Q: What is the role of the Financial Power of Attorney?

A: This document is used for managing assets titled in your individual name—specifically vehicles or retirement accounts—that are not owned by the trust.

Q: What happens to my digital assets (photos, social media, crypto)?

A: Your Trust allows your Trustee to manage digital assets, but you must ensure they have access to your “digital keys” or password manager, as legal documents cannot bypass encryption.

Q: I found an old account with $10,000 not in the Trust. Does this trigger probate?

A: Not necessarily. In California, if assets left outside a Trust are below the “Small Estate” threshold (currently $208,850 as of 2025) heirs can often use a simplified affidavit.

Q: My mortgage lender says I must take my house out of the Trust to refinance. Is this okay?

A: This is a common lender requirement. You may temporarily remove it to complete the refinance, but you must deed it back into the Trust immediately afterward. Better yet, have them do it as part of the transaction.

Q: If I transfer my home to my children through the Trust, will their property taxes stay the same?

A: Under Proposition 19, taxes only stay “locked in” if the home was your primary residence and becomes the child’s primary residence within one year. There are also specific value limits.

Q: I bought property in another state. Does my California Trust cover it?

A: Your Trust can hold property in any state, but the deed must be prepared according to that state’s laws. Notify us so we can ensure it is titled correctly to avoid a “secondary” probate in that state.

Q: What is the timeline for meeting after the death of a spouse?

A: We recommend meeting around the three-month mark. This allows time to discuss tax planning options, such as a bypass trust, which must be acted upon within nine months.

Q: How should I talk to the people I’ve chosen as guardians?

A: Have a candid conversation before officially naming them. But if you didn’t, have that conversation now. Discuss your values and how the Trust provides financial support. Ensure they are willing and able to take on the responsibility.

Q: What happens if my first choice for guardian can’t do it?

A: Your documents name “Successor Guardians.” If your primary choice is unavailable, the court looks to your secondary choices. Review these names every few years as family dynamics change.