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Do I lose control of my assets when I put them in a trust?

No. Not at all. With a revocable living trust, you serve as your own trustee during your lifetime. You continue to buy, sell, and manage your assets exactly as you do today. The trust is simply the legal container that holds your property. You can amend or revoke it at any time. Nothing changes in your day-to-day life- but everything changes for your family when the time comes.

If I already have a will, do I still need a trust?

A will is better than nothing, but in California it does not avoid probate. Any asset titled solely in your name above $208,850 (2026 law) must go through the court probate process regardless of what your will says. A living trust is the only private, court-free way to transfer assets to your loved ones.

What happens if I become incapacitated? Does the trust protect me?

Yes - and this is one of the most important and overlooked benefits of a living trust. If you become unable to manage your affairs due to illness or injury, your named successor trustee steps in immediately to manage trust assets on your behalf- no court, no conservatorship proceeding required.

Does a living trust protect my assets from creditors?

A revocable living trust does not protect assets from your own creditors while you are alive. Because you retain full control, creditors can still reach trust assets. However, the trust does protect assets from a beneficiary’s creditors after your death, depending on how it is structured. For asset protection during your lifetime, other strategies such as irrevocable trusts may be appropriate.

Do I need to transfer my house into the trust?

Absolutely! This is the step that many estate planning clients miss when working with attorneys who don’t handle the follow-through. A trust that does not hold your real estate is an unfunded trust, and an unfunded trust sends your home through probate. At Duisters Giarratano, we prepare the deed and handle the trust funding as part of your estate plan, so that the plan you pay for actually works.