Do I still need a will if I have a living trust?
Yes. Mortensen Law typically pairs a living trust with a pour-over will, which can direct forgotten assets into the trust and can nominate guardians for minor children.
Estate planning · Santa Clarita area
Living Trust Attorney in Santa Clarita, CA
A living trust can help California families transfer property without probate, plan for incapacity, and give loved ones a clearer path after death.
Call (661) 799-9225A living trust is one of the most practical estate planning tools available to California families. It allows property to pass directly to beneficiaries after death without going through probate court, while preserving flexibility and control during life.
Mortensen Law helps Santa Clarita families set up living trusts that are properly drafted, correctly funded, and integrated with a complete estate plan. The office is in Newhall, serving the entire Santa Clarita Valley.
What a living trust does
A trust is useful only when it is built and funded correctly.
A revocable living trust is a legal document that holds assets during your lifetime and transfers them to chosen beneficiaries after death outside of probate.
The trust document names you as trustee, identifies a successor trustee, names beneficiaries, and gives instructions for how assets should be managed or distributed.
How a Living Trust Works
You create the trust.
The trust document names you as trustee, names a successor trustee who takes over if you die or become incapacitated, and identifies the beneficiaries who receive trust assets.
You transfer assets into the trust.
This step is called funding the trust. Without proper funding, a trust may not accomplish what you expect. Mortensen Law helps clients think through property title, account ownership, and beneficiary designations so the plan works in practice.
You manage your assets as normal.
While you are alive and capable, you keep control. You can buy, sell, refinance, update beneficiaries, or amend a revocable living trust as your life changes.
Your successor trustee takes over when needed.
After death or incapacity, the successor trustee follows the trust instructions and handles distributions without the ordinary probate court process.
Why families choose trusts
Living trusts can make the next step simpler for loved ones.
Avoiding probate: California probate can take months and statutory fees are based on gross estate value. A properly funded trust can help families avoid that process. For a broader overview, see the guide to probate alternatives.
Privacy: A will filed in probate becomes part of the public court record. A trust administration is generally private.
Continuity during incapacity: If you become incapacitated, a successor trustee can manage trust assets without first seeking a court-supervised conservatorship.
Simplicity for beneficiaries: Loved ones can follow the trust instructions without waiting for a judge to approve each probate step.
If your family is already facing a court process after a death, learn more about working with a probate attorney in Santa Clarita.
Trust choices
Revocable vs. irrevocable trusts.
Most family living trusts are revocable, meaning they can be changed or canceled during your lifetime. A revocable trust does not usually protect assets from lifetime creditors and does not reduce estate taxes by itself.
Irrevocable trusts are used for more specific purposes, including certain tax, Medi-Cal, asset protection, or special-needs planning goals. For many Santa Clarita families, a revocable living trust paired with a pour-over will, durable power of attorney, and advance healthcare directive is the planning foundation.
The process
Setting up a living trust at Mortensen Law.
Consultation
The process starts with a conversation about your family, property, and goals. Dan Mortensen asks the questions that determine whether a living trust makes sense and what it should include.
Drafting
The trust is prepared around your instructions, including successor trustee choices, beneficiary distributions, and whether younger beneficiaries should receive assets outright or in trust.
Execution
California has specific signing requirements. Mortensen Law walks clients through the signing process so the documents are completed correctly.
Funding
After signing, assets need to be transferred into the trust. Real property may require a deed, while financial accounts may require title or beneficiary updates.
Common questions
Living trust questions people ask before they call.
How much does a living trust cost in California?
The cost depends on the complexity of the estate and the documents included. During a consultation, Mortensen Law can discuss the scope and provide an estimate based on the situation.
What is the difference between a will and a living trust?
A will generally goes through probate, while a properly funded living trust can transfer assets outside probate. A trust is private and can also help with incapacity planning.
Can I be my own trustee?
Yes. In a revocable living trust, you usually serve as trustee during your lifetime and keep control of your assets. A successor trustee steps in when needed.
For a fuller comparison, read the Learning Center guide on will vs. trust in California. If a trust already exists and someone needs to carry it out, Mortensen Law also helps with trust administration.
Serving Santa Clarita Valley
Mortensen Law prepares living trusts for clients throughout the Santa Clarita Valley, including Santa Clarita, Newhall, Valencia, Saugus, Canyon Country, Stevenson Ranch, Castaic, and surrounding communities.
Find out whether a living trust makes sense for your family.
Call Mortensen Law or contact the Newhall office online. The initial consultation is free.
Call (661) 799-9225