Living trusts may not always provide the desired level of protection against creditors. Depending on the circumstances, creditors may still have avenues to access the assets within the trust, raising concerns among those seeking robust asset protection.
Yes, you can create your own living trust in California, either by using an online legal service or drafting documents on your own.
Selecting the wrong trustee is easily the biggest blunder parents can make when setting up a trust fund. As estate planning attorneys, we've seen first-hand how this critical error undermines so many parents' good intentions.
A trust may also be set up by a will, which leaves property in trust for a beneficiary. These trusts are called testamentary trusts and are usually irrevocable. Trusts are not filed or registered with the Court. You may wish to contact the County Recorder or the attorney who prepared the trust to obtain copies.
Procedure for Recording a Living Trust Once the certification of trust is prepared, it must be signed by the trustee and notarized. The original certification of trust can be recorded with the county recorder's office in the county where the property is located, but that is not necessary.
Ing to California Trust law: In order for a trust to exist there must be trust property. There must be a Grantor (sometimes referred to as a Settlor or Trustor). There must be a Trustee. There must be a Beneficiary. The Grantor and Trustee must both be legally competent.
Creating a Handwritten Living Trust in California You do not need witnesses, and the paper does not have to be notarized. Many people want to avoid challenges to their living trust, so they take steps that are above the bare minimum requirements, like having their signature notarized.
Fortunately, when you create a living trust in California, you do not need to record the document with the county or state. Establishing a revocable trust protects your assets and maintains your privacy.