Wills And Trust - The Law Offices Of Katie Le

Wills & Trusts

Your Legacy, Protected with Care

Estate planning is easy to put off — until life reminds us why it matters. Whether you’ve just had a child, lost a loved one, or simply want peace of mind, I’m here to help you create a plan that protects your people and your wishes.

How I Can Help

No two estate plans are alike. I’ll help you:

Draft a will that clearly reflects your wishes
Set up revocable or irrevocable trusts
Name guardians for your children
Create powers of attorney for finances and health care
Plan for blended families or special circumstances

I explain every step in plain English — so you feel informed, not overwhelmed.

Trust Worksheet

Why It Matters

This isn’t just about paperwork. It’s about clarity, peace of mind, and making sure your loved ones have a clear plan when they need it most.

Frequently Asked Questions

Getting Started

How can I start the process of creating a trust?

Schedule a consultation with one of our attorneys to discuss your estate planning needs and create a plan that suits your family’s goals.

Do I really need both a will and a trust?

Not always. But in California, a trust is often the best way to avoid probate.

What if I don’t have a lot of assets?

Estate planning is about control, not wealth. A simple plan can still make a big impact.

Can I use an online form?

You could — but I’ve seen families suffer from small mistakes that could’ve been avoided with personal guidance.

Funding the Trust

Do I really need both a will and a trust?

Your houses have already been transferred to the trust with the Grant Deeds. For financial accounts (like bank or brokerage accounts), contact each institution and complete their “trust transfer” form to name your spouse as primary and the trust as secondary beneficiary.

Mortgage & Title Concerns

Do we notify our mortgage lender that we created a Trust? Do we need to change the mortgage to be under the Trust?

No. Most lenders do not require notification when transferring property into a revocable living trust, so your loan remains unchanged.

Will transferring the home to a Trust trigger a due-on-sale clause or require paying off the loan?

No. Recording a Grant Deed into your Trust does not close your loan or require refinancing. Lenders are familiar with these transfers.

Insurance

Do we need to update our title insurance and homeowners' insurance?

Title insurance: Usually remains valid. Contact your title company to confirm.
Homeowner’s insurance: Notify your provider and add the Trust as an “additional insured” or “named insured.”

Should we wait to add the Trust to our Homeowner’s insurance until after filing the Deed?

No need to wait. You can add the Trust now.

Tax Implications

Will filing the Grant Deed with the OC Recorder trigger property tax reassessment?

No. Under California law, as long as the transfer is into your revocable trust and you remain the beneficiary, there is no reassessment or tax increase.

Retirement Accounts & Bank Accounts

Do we need to retitle our IRA, Roth IRA, or 401(k)? What about beneficiaries?

You do not retitle these accounts in the name of the Trust.
You can keep your spouse as the primary beneficiary. Depending on whether you want a structured distribution, choose either your children or the trust for the contingent beneficiary.

For checking and savings accounts, can we keep the spouse primary and kids secondary, or should the Trust be the secondary?

You can keep the spouse as primary.
For secondary, naming the Trust gives more control over how and when your children receive funds. Naming the children means they receive the funds directly.

Proof of Trust

What do we need to provide to institutions to show we created a Trust?

Most institutions only need the Certification of Trust, which is included in your estate planning package (right before the Wills).

Miscellaneous

Is page 2 of the PCOR supposed to be blank?

Yes, that’s common unless supplemental information is needed. It’s normal to leave it blank when it doesn’t apply.