How can we place our property into a California trust?

A:

This is a good question, because many people create a trust only to fail to take all the steps necessary to bring all their assets under the trust. Property not held in the trust may have to go through California probate. All real property, stocks and securities, and motor vehicles should have their title changed from the name of the owner to a name that includes the mention of the trust. Some types of property, whose ownership is not established formally by a title — furniture or antiques, for instance — can be transferred to the trust by adding them on the list of assets of the trust document.

It may be difficult, especially as many years pass by, to keep such a list updated and include all the assets in the trust. The solution is for the settlor to write what is called a “pour-over will,” which is an instrument that automatically transfers to the trust all the decedent’s assets that have not yet been included in the trust.

Call San Diego estate planning and probate attorney Scott Grossman for a free discussion of your case, and order his free legal book The Insider’s Guide to California Probate and Trust Administration.