Are you looking for a trust lawyer in Santa Monica, CA?
At The Werner Law Firm, PC, we have a trust practice built on 50 years of client representation.
If you want your assets managed and distributed privately, without a court proceeding, a properly funded trust allows you to set those terms in advance. The trust also names the person who will manage your property if you become unable to do so.
Our Santa Monica, CA trust lawyer drafts revocable and irrevocable trusts, assists clients with transferring assets into them, and guides successor trustees through administration. The Werner Law Firm, PC has handled trust and estate matters for California clients since 1975, and there is no charge for your first consultation. Contact our office to book a time to meet with us.
Santa Monica households average 1.88 people, according to Census QuickFacts. With many residents living alone or with one other person, the choice of successor trustee often requires careful thought rather than a default assumption that a spouse or adult child will serve.
A trust is a legal arrangement in which a trustee holds and manages property for the benefit of the people named as beneficiaries. With a revocable living trust, you serve as your own trustee during your lifetime and name a successor to take over at your incapacity or death. A trust attorney in Santa Monica drafts the terms that govern that transition and confirms that your assets are titled in the trust's name.
Each type of trust serves a different objective, and many clients use more than one. Our Santa Monica trust lawyers handle the following matters.
Revocable living trusts. This trust holds your home and accounts during your lifetime and passes them to your beneficiaries without probate. You may amend or revoke it at any time while you have capacity, and unlike a will, it does not become a public court record at your death.
Irrevocable trusts. An irrevocable trust removes assets from your direct control in exchange for asset protection or tax planning benefits. We explain the trade-offs before recommending one.
Marital trusts. Married couples often use a marital trust to provide for a surviving spouse while preserving assets for children. These provisions are especially useful in second marriages.
Spendthrift trusts. A spendthrift trust limits a beneficiary's ability to transfer or pledge an inheritance. It also generally prevents creditors from reaching trust assets before they are distributed.
Incentive trusts. An incentive trust ties distributions to milestones such as completing a degree. Parents use it to encourage specific goals.
Special needs trusts. This trust provides for a beneficiary with a disability without disqualifying that person from public benefits. We draft it as a standalone document or within a living trust, depending on whether the funds come from the client or from another family member.
Pet trusts. A pet trust sets aside funds for an animal's care and names a caregiver. The trustee releases funds for that care according to your instructions.
Amendments and restatements. Small changes can be made by amendment, while extensive revisions often call for a trust restatement. We review older trusts and recommend the appropriate approach.
Trust administration. After the trust creator's death, the successor trustee must notify beneficiaries, manage assets, and complete distributions. We guide trustees through each step using a trust administration checklist.
Troy Werner advises trustees on the administrative steps that follow a death, from beneficiary notices to final distributions. When a beneficiary questions a trustee's decisions, he helps the trustee document each action and respond in a way that reduces the risk of a dispute. He wrote a Daily Journal column on streamlining probate and avoiding unnecessary court hearings. Troy is a Certified Specialist in Estate Planning, Trusts, and Probate Law, a credential issued under the State Bar's specialist certification standards, and he has practiced for 17 years.
L. Rob Werner, who founded the firm, brings 50 years of practice to its trust work and remains active in community organizations, including Rotary and the Elks. Our estate planning lawyer in Santa Monica, CA coordinates each trust we prepare with the pour-over will, powers of attorney, and beneficiary designations, so those documents support the trust rather than conflict with it. Clients often bring a trust prepared years ago, and our trust attorneys in Santa Monica, CA review it for outdated provisions and assets that were never transferred into it.
The choice of trustee is often the most consequential decision in a trust plan. A successor trustee will collect assets, pay expenses, file tax returns, and distribute property, and the role can continue for years when distributions are spread over time. Clients without a spouse or adult child available to serve may name a trusted friend, a family member, or a licensed professional fiduciary, and our firm can help you evaluate those options when designating the right trustee.
Funding requires equal attention. A trust controls only the property it owns, so a home or account still held in your own name may have to go through probate. We prepare the deeds and provide instructions for retitling accounts so the trust holds the property it was designed to control.
Property tax treatment also matters for Santa Monica homeowners. Transfers into a revocable trust generally do not trigger reassessment, but a home that passes to children after your death is subject to separate reassessment rules, which a Santa Monica trust lawyer should review before the plan is finalized.
A trust plan involves several documents in addition to the trust agreement itself.
Trust agreement. Names the trustee, successor trustees, and beneficiaries, and sets the rules for managing and distributing trust property.
Pour-over will. Directs any asset left outside the trust at death into the trust.
Certification of trust. A summary that allows banks and title companies to confirm the trustee's authority without reviewing the full agreement. A certification of trust also keeps the trust's private terms confidential.
Funding documents. Deeds and account change forms that transfer property into the trust's name.
Assignment of personal property. Transfers furniture, artwork, and other tangible items to the trust.
Letter of wishes. An informal statement that explains the reasons behind certain distributions. It does not bind the trustee, but it helps the trustee exercise discretion the way you would have.
The following documents help our trust attorneys in Santa Monica evaluate which assets the trust should hold and how it should be structured.
Deeds for any real estate you own, in California or elsewhere
Current account statements for banking, investment, and retirement assets
Names of your intended beneficiaries and your choices for successor trustee
Any existing trust, will, or amendment
Information about any beneficiary who receives public benefits or may need help managing an inheritance
At the consultation, we recommend a trust structure for your goals and explain the fee for the work.
A revocable trust is usually signed and funded over several weeks. The work typically proceeds as follows.
A free consultation covering your assets, family, and objectives
A recommendation on the type of trust and supporting documents
Preparation of drafts for your review and any requested revisions
Execution of the trust before a notary
Funding, including recording deeds with the county and retitling accounts
Irrevocable trusts and special needs trusts may take longer, because they often require coordination with accountants, financial advisors, or benefits planners.
Administering a trust after a death follows a different schedule. The successor trustee must notify beneficiaries and heirs, inventory assets, pay final expenses and taxes, and then distribute property, a process that commonly takes several months or longer. Our Santa Monica trust attorneys guide trustees through each of those stages.
The following public agencies provide information on choosing a trustee, trust taxation, and property tax rules. Trustees and trust creators often review these materials alongside their attorney's advice.
The California Professional Fiduciaries Bureau offers consumer information on hiring a licensed professional fiduciary and verifying a license.
The IRS explains the filing requirements for Form 1041, the income tax return a trustee may need to file for a trust after it becomes irrevocable.
The State Board of Equalization describes how Proposition 19 affects property tax reassessment when a family home passes from parent to child.
A trust protects your family only when it is drafted correctly and holds the assets it was meant to control. Contact us to schedule a free consultation with a trust lawyer in Santa Monica, CA. We will review your property and objectives, recommend the trust structure that fits your plan, and tell you what the work will cost before you commit.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship! See full disclaimer here.
