Are you looking for a living trust lawyer in Irvine, CA?
At Katje Law Group, we are living trust lawyers with 19 years of experience guiding clients through complex matters.
A living trust allows California residents to transfer assets to beneficiaries without a court-supervised probate proceeding. Our Irvine, CA living trust lawyer drafts, funds, and updates revocable and irrevocable trusts for individuals, couples, and business owners throughout Orange County. Katje Law Group has represented Irvine families in trust and estate matters for nearly two decades. Contact our firm to determine whether a living trust fits your estate planning goals.
Living Trust Lawyer Irvine, CA
Orange County recorded nearly 2,900 estate and trust probate filings in the most recent fiscal year tracked by the Judicial Council of California. A properly funded living trust allows an estate to bypass that court process, since assets held in trust pass to beneficiaries under the successor trustee’s authority rather than through a probate proceeding.
A living trust is a legal arrangement created during a person’s lifetime that holds title to assets on behalf of named beneficiaries. At Katje Law Group, our work covers every stage of that arrangement, including drafting the trust document, retitling assets into the trust’s name, and updating trust terms as circumstances change. Trusts can be structured as revocable, allowing the person who created it to modify or dissolve it, or irrevocable, which generally cannot be changed once established. A living trust attorney typically becomes involved not only when a trust is first created, but also later, when a settlor’s circumstances change through marriage, divorce, the birth of a child, or the purchase of new property.
Types of Living Trust Matters We Handle in Irvine
Living trusts serve different purposes depending on a family’s assets, goals, and structure, and the right approach often combines more than one of the matters below. We assist clients throughout Irvine with the following trust matters.
Revocable living trusts. The most common trust used in California estate planning, a revocable trust allows the person who created it to retain control over assets during their lifetime and modify the trust’s terms as circumstances change. We draft and fund these trusts to keep an estate out of probate court.
Irrevocable trusts. Once established, an irrevocable trust generally cannot be altered, which can provide tax and asset protection advantages that a revocable trust does not offer to the same degree. We explain the differences between revocable and irrevocable trusts before recommending a structure.
Special needs trusts. Families with a beneficiary who receives government benefits often need a trust structured to preserve that eligibility while still providing supplemental support. We draft special needs trusts designed to work alongside public benefit programs rather than disqualify a beneficiary from them.
Pet trusts. California law allows a trust to be established for the care of a pet after the owner’s death, naming a caretaker and setting aside funds for the animal’s ongoing needs. We draft pet trusts as part of a broader estate plan when a client wants this protection in place.
Trusts for business succession. Business owners often use a trust to transfer ownership interests without disrupting operations, particularly when a successor is already identified. We structure trusts for business succession so the business continues operating through a change in ownership.
Trust amendments. As a family’s circumstances change, a trust’s provisions may need to be updated to reflect new wishes without rewriting the entire document. We prepare amendments that revise specific terms while keeping the rest of the trust intact.
Trust restatements. When a trust needs more extensive revision than a simple amendment allows, we restate the trust entirely, replacing its terms while preserving the original trust and its funding.
Trust administration. After a trust becomes irrevocable, typically due to the settlor’s death, the successor trustee must notify beneficiaries, marshal assets, and distribute property according to the trust’s terms. We guide trustees through that process.
Trust litigation. Disputes over a trustee’s conduct or a trust’s validity sometimes arise among beneficiaries. We represent trustees and beneficiaries in these matters.
Why Choose Katje Law Group as My Living Trust Lawyer in Irvine, CA?
19 Years of Trust and Estate Experience in Orange County
Attorney September Katje holds a J.D. from California Western School of Law and has practiced in California for 19 years, much of it spent drafting and funding trusts for Irvine and Orange County families. She is also a licensed real estate broker through California’s Department of Real Estate, a credential that is directly relevant whenever a trust holds titled property. Her professional affiliations include the American Bar Association, the San Diego County Bar Association, and the Orange County Bar Association, along with membership in WealthCounsel and status as a graduate of the Elder Law College. That trust-focused background extends to her broader work as an estate planning lawyer in Irvine, CA, where a living trust is often one part of a larger plan.
Trusts Funded and Maintained, Not Just Drafted
A living trust only avoids probate if the assets it is meant to hold are properly retitled in the trust’s name, a step many self-prepared trusts miss. Ms. Katje reviews how each asset is held, whether real property, financial accounts, or business interests, and coordinates the retitling process so the trust functions as intended.
What Is Important to Understand About Living Trust Cases in California
Key Living Trust Terms and Documents
Living trust planning relies on a specific vocabulary, and knowing these terms in advance makes it easier to follow how a trust actually operates once it is in place.
Settlor (or trustor): the person who creates the trust and transfers assets into it.
Trustee: the person or institution responsible for managing trust assets according to its terms.
Successor trustee: the person named to take over trust administration after the original trustee dies or becomes incapacitated.
Beneficiary: the person or entity entitled to receive trust assets or income.
Trust funding: the process of retitling assets into the trust’s name so they are governed by its terms rather than by a will.
Pour-over will: a will used alongside a trust to direct any assets not transferred into the trust before death.
Trust contests are subject to a specific filing deadline. Under Probate Code section 16061.8, a person served with a trustee’s notification generally has 120 days from the date of service, or 60 days from receiving a copy of the trust’s terms during that period, whichever is later, to file an action contesting the trust. California courts treat this deadline strictly.
What Are Important Aspects of a Living Trust?
A living trust accomplishes its purpose only when it is properly funded and kept current as circumstances change. Trustees owe fiduciary duties to beneficiaries, including the duty to manage trust assets prudently, keep them separate from personal property, and account for their administration.
Whether all relevant assets have been retitled into the trust’s name
Whether the trust names a qualified successor trustee and, where appropriate, alternates
Whether the trust’s terms reflect current family and financial circumstances
Whether a pour-over will is in place to address any assets left outside the trust
Whether beneficiary designations on retirement accounts and life insurance align with the trust’s overall plan
What Is the Living Trust Timeline?
Establishing a living trust and later administering one after a settlor’s death follow different timelines.
Drafting the trust document, typically within the first several weeks after the initial consultation
Retitling real property, financial accounts, and other assets into the trust
Periodic review and amendment as family and financial circumstances change over the years
Following the settlor’s death, the successor trustee’s notification to beneficiaries
Administration, asset distribution, and closing of the trust
A properly funded trust avoids probate court, so administration after death is typically faster than a probate case, particularly when the trust is uncontested and the successor trustee has clear instructions to follow.
What Should You Bring to Your Living Trust Consultation?
Arriving prepared for your first meeting allows us to provide a realistic assessment of what your trust should include.
A list of assets, including real property, financial accounts, and business interests
Any existing estate planning documents, including wills or trusts
Beneficiary designations for retirement accounts and life insurance policies
Names of proposed trustees, successor trustees, and beneficiaries
During the consultation, we review your assets and family circumstances to determine what the trust should address.
Orange County Probate Court and Local Resources
Petitions related to trust administration and trust disputes for Irvine residents are heard through the Orange County Superior Court’s Probate Division, based at the Costa Mesa Justice Complex. A properly funded living trust is designed to avoid probate court entirely, but matters involving trustee removal, instructions, or trust construction are still filed through this same division.
Reach Out to Katje Law Group to Schedule a Consultation
Trust documents that go unfunded or unreviewed for years often fail to accomplish what they were originally designed to do. Our Irvine, CA living trust lawyer works with clients establishing a trust for the first time and with those revisiting an existing plan that may no longer reflect their circumstances. Ms. Katje reviews each client’s asset structure and family situation directly, so any recommendation reflects the client’s actual estate rather than a generic template. Contact us to schedule a consultation with our Irvine living trust lawyer.
Call For A Case Evaluation
(714) 881-5200
