Living Trust FAQ
California & San Diego

HomeTrust prepares a complete California living trust — including the trust document, pour-over will, healthcare directive, and property deed transfer — for a flat $309. No hourly billing, no hidden fees.

Attorney-prepared trusts in San Diego typically run $1,500–$3,500 for the same documents. The difference: attorneys provide legal advice; we provide legal document preparation. We handle the paperwork under the supervision of Marco Mariani, LDA License #231, County of San Diego — the same credentials that have backed 10,000+ trusts over 33 years.

If you've already done the research and know what you need, $309 gets it done right.

Your estate goes through probate — California's court-supervised asset transfer process. Here's what that means in practice:

Your family waits 12–18 months before they receive anything. The probate file becomes public record, exposing your assets and beneficiaries. Statutory attorney fees consume 4–8% of the gross estate value — not the net. A home with a $400,000 mortgage still triggers fees on the full value.

A $900,000 San Diego home with a $400,000 mortgage generates approximately $36,000 in probate fees. A living trust is the only tool that keeps your estate out of court entirely, no matter who you're leaving assets to.

A will goes through probate. A living trust does not. That's the core difference.

A will is a set of instructions to the probate court — it only takes effect after a judge validates it, which takes 12–18 months and costs 4–8% of your estate. A living trust takes effect the moment you fund it. When you die, your successor trustee distributes your assets privately, without court involvement.

Both documents name beneficiaries. But a will alone leaves your family exposed to probate. Most California estate plans include both: a trust for your assets and a pour-over will as a backstop for anything you forgot to put in the trust. HomeTrust prepares both as part of the same package.

The most reliable method is a fully funded revocable living trust. "Fully funded" means your real estate, bank accounts, and investment accounts are titled in the name of your trust — not just in your name personally.

Other partial options: joint tenancy (works for married couples, not for passing assets to children), beneficiary designations on retirement accounts and life insurance (bypasses probate but not for real estate), and small estate affidavits (only for estates under $184,500).

A living trust is the only option that covers all asset types, avoids public exposure, and gives your successor trustee immediate control without a court order. We handle the deed transfer as part of your trust package — it's not an add-on.

Trust funding is the process of retitling your assets — primarily your real estate — into the name of your trust. It's the step most people skip, and it's why 99% of DIY trusts are effectively worthless at probate.

You can have a perfectly drafted trust document and still go through probate if your home is still titled in your name instead of the name of your trust. Funding requires preparing and recording a grant deed that transfers your property from you as an individual to you as trustee of your trust.

HomeTrust prepares this deed as part of every trust package. If you already have a trust but aren't sure whether your home is properly titled, our Trust Rescue service reviews your current deed and prepares any missing transfers.

Yes. A revocable living trust can be amended at any time during your lifetime. You can change beneficiaries, swap trustees, add or remove assets, and update provisions as your life changes.

Marriage, divorce, new children, acquiring property in another county, changes in your wishes — all are valid reasons to amend. An amendment is typically a short document that modifies specific sections without replacing the entire trust. If the changes are extensive, a full restatement may be cleaner.

With HomeTrust, your complete trust package — trust document, pour-over will, healthcare directive, and recorded property deed — is typically ready within 5–7 business days of your consultation. Urgent situations can often be completed faster.

Attorney-prepared trusts often take 4–8 weeks due to scheduling and drafting cycles. Our process is streamlined because we handle one type of estate planning document at scale — 10,000+ trusts over 33 years in San Diego — with no back-and-forth billing cycles.

An attorney can give you legal advice — analyzing your specific situation, advising on complex tax strategies, and representing you in court. A Legal Document Assistant (LDA) like HomeTrust prepares legal documents based on your instructions. We don't give legal advice.

For the vast majority of San Diego homeowners — married couples, single property owners, people with straightforward asset distribution goals — a document preparer with 33 years of experience and 10,000+ trusts is the right tool for the job.

If your situation involves complex tax planning, business interests, or contested assets, we'll tell you upfront that an attorney is the better fit.

Price reflects service delivery model, not document quality. Attorneys charge $1,500–$3,500 primarily for their time and professional liability. HomeTrust charges $309 because we're a licensed Legal Document Assistant operation, not a law firm.

Our documents are the same California-compliant living trust forms that have held up for 33 years and 10,000+ clients. Marco Mariani, LDA License #231, County of San Diego, oversees every trust we prepare. The trust is legitimate — the lower cost comes from operational efficiency, not from cutting corners on the document.

What makes a trust "safe" is accurate preparation and proper funding. Both of which we specialize in.

A Legal Document Assistant (LDA) is a licensed professional registered with the county to prepare legal documents for clients who represent themselves. LDAs are regulated under California Business & Professions Code Section 6400, must be bonded, and must register with the county in which they operate.

LDAs cannot give legal advice or represent you in court — but they can prepare accurate, California-compliant legal documents at a fraction of attorney cost. HomeTrust is operated by Marco Mariani, LDA License #231, County of San Diego, with 33 years of experience preparing living trusts.

If your situation is complex enough to require legal advice, we'll tell you. For straightforward trust preparation, an LDA is the efficient, cost-effective option.