Los Angeles Wills, Trusts & Estates Attorneys
Experienced counsel for creating wills and estate plans that safeguard your assets and honor your wishes.
Los Angeles estate planning that is built to hold up. Because The Darvish Firm also litigates trust and estate disputes, our attorneys draft wills, revocable living trusts, and related documents with an eye toward the challenges that surface later — ambiguous language, disinherited heirs, undue-influence claims, and funding gaps that send families to probate court. We help Los Angeles County families, business owners, and high-net-worth individuals create plans that protect assets, name the right decision-makers, and reduce the chance of a fight after death or incapacity.
Do you need a Will or A Trust?
The purpose of a will is to provide instructions on how a person’s assets should be distributed after their death. A will is a legal document that sets out a person’s wishes for their property and other assets, including money, real estate, and personal possessions.
In all instances, your estate will go through probate (a court proceeding) unless you have a trust. There are some exceptions.
Here are some of the key purposes of a will:
1) To distribute property: One of the main purposes of a will is to ensure that a person’s property is distributed according to their wishes after their death. A will can specify who should receive specific assets, how much they should receive, and when they should receive them.
2) To appoint guardians: If a person has minor children, a will can be used to appoint a guardian to care for them in the event of the person’s death.
3) To minimize taxes: A well-drafted will can help minimize estate taxes by taking advantage of tax exemptions and other strategies.
4) To avoid disputes: A clear and comprehensive will can help avoid disputes among family members and other heirs over the distribution of assets.
5) To create trusts: A will can be used to create trusts for the benefit of specific individuals or organizations, such as charities.
6) To appoint an executor: A will can appoint an executor to manage the distribution of assets and ensure that the person’s wishes are carried out.
Overall, a will is an important legal document that can provide peace of mind and ensure that a person’s wishes are respected after their death. It is recommended that everyone have a will, regardless of their age or financial situation.
Why do you need a Trust instead of a Will.
The purpose of a trust is to manage and protect assets for the benefit of one or more beneficiaries. A trust is a legal arrangement in which a trustee holds and manages assets on behalf of the beneficiaries, according to the terms of the trust document.
Here, you circumvent probate and the attorneys fees incurred going through probate.
Here are some of the key purposes of a trust:
1) To provide for the needs of beneficiaries: A trust can be used to provide financial support for beneficiaries, such as children, elderly parents, or other family members.
2) To avoid probate: Assets held in a trust can pass directly to beneficiaries without going through the probate process, which can be time-consuming and expensive.
3) To minimize taxes: A well-structured trust can help minimize taxes by taking advantage of tax exemptions and other strategies.
4) To protect assets from creditors: Assets held in a trust can be protected from creditors, lawsuits, and other claims.
5) To provide for charitable giving: A trust can be used to support a charitable cause or organization, while providing tax benefits to the donor.
6) To manage assets for individuals with special needs: A trust can be used to manage assets for individuals with special needs, ensuring that they have financial support and access to services and resources.
Overall, a trust can be a powerful tool for managing and protecting assets, providing for the needs of beneficiaries, and achieving a wide range of financial and estate planning goals. Trusts can be tailored to meet the specific needs and goals of individuals and families, and it is important to work with an experienced attorney to ensure that the trust is structured properly and meets all legal requirements.
Why would you choose a Trust instead of a Will.
Therefore there are several reasons why someone might choose to draft a trust instead of a will:
1) Avoiding probate: Probate is the legal process of administering an estate after someone dies. It can be time-consuming and expensive. A properly funded trust can help assets pass outside of probate, which can save time and money for the estate and beneficiaries.
2) Maintaining control: A trust can give the grantor (the person creating the trust) more control over how assets are distributed after their death. For example, a trust can specify how assets are distributed over time or under certain conditions. This can be useful if the grantor has concerns about how beneficiaries will manage their inheritance.
3) Providing for incapacity: A trust can provide for the grantor’s care and management of their assets if they become incapacitated. A will only takes effect after someone dies, so it cannot provide for this.
4) Privacy: A trust is a private document, whereas a will becomes a public record when it is filed with the court after someone’s death. If the grantor values privacy, a trust may be a better option.
5) Flexibility: A trust can be more flexible than a will. It can be designed to meet the grantor’s specific needs and goals, whereas a will is more limited in its scope.
It’s important to note that everyone’s situation is different, and there is no one-size-fits-all answer to whether a trust or a will is the best option. Please call the Attorneys at The Darvish firm who are experienced estate planning attorneys to determine which option is right for you.
Los Angeles Wills, Trusts & Estates Attorneys
Revocable Living Trusts
A revocable living trust is the backbone of most California estate plans. You transfer assets into the trust during your lifetime, keep full control as trustee, and name a successor trustee to manage or distribute everything when you die or become incapacitated — all without court supervision. Because California probate is slow and expensive, a properly funded trust is often the single most effective probate-avoidance tool for Los Angeles homeowners. We draft trusts tailored to your family, whether that means a simple distribution to children, staggered distributions, or protective sub-trusts. Not sure whether you need one? See our discussion in Do You Really Need a Living Trust? We also advise on choosing successor trustees and structuring distributions to reduce conflict.
Wills
Every California estate plan should include a will, even when a living trust does most of the work. A pour-over will directs any assets left outside the trust at death into the trust, and it is where parents nominate a guardian for minor children — something a trust cannot do. A will must be signed and witnessed under Probate Code §6110 to be valid, and assets passing under a will alone are generally subject to probate. We draft clear, properly executed wills that name your executor, dispose of personal property, and work in coordination with your trust rather than contradicting it. For blended families and larger estates, we pay close attention to language that could later be read as ambiguous or invite a will contest.
Trust Funding (Retitling Assets)
A trust only avoids probate for the assets actually titled in its name — an unfunded trust is one of the most common and costly estate-planning mistakes we see. Funding means retitling your home, bank and brokerage accounts, and business interests into the trust, and updating beneficiary designations on accounts that pass outside it. Real property is transferred by a deed, and business interests require their own steps; see our guide on transferring your corporation or LLC to your living trust. We handle the deeds and assignments, coordinate with financial institutions, and confirm your Los Angeles County real estate is recorded correctly so the trust works as intended.
Powers of Attorney
A durable power of attorney lets you name an agent to manage your finances if you become incapacitated, avoiding a court-supervised conservatorship. Under California's Probate Code, a durable power of attorney survives your incapacity, which is exactly when it is needed most. We draft powers of attorney scoped to your wishes — immediate or springing, broad or limited — and coordinate them with your trust so your successor trustee and your financial agent are not working at cross-purposes. Choosing a trustworthy agent and defining clear authority is critical, because a poorly drafted or overbroad power of attorney can itself become a vehicle for financial abuse, a problem we see on the litigation side.
Advance Health Care Directives
An advance health care directive (California's version of a living will and health care power of attorney) lets you name an agent to make medical decisions if you cannot speak for yourself and to record your wishes about life-sustaining treatment, pain relief, and organ donation. Executed under the Probate Code's Health Care Decisions Law, it spares your family from guessing — or fighting — about your care during a crisis. We prepare directives that clearly identify your agent and alternates, define the scope of their authority, and integrate with the rest of your plan so your health, financial, and testamentary decisions are all governed by documents that fit together.
Probate Avoidance
California probate is a public, court-supervised process that can take a year or more and consume statutory fees calculated as a percentage of the gross estate — a real concern in Los Angeles, where a single home can push an estate over the threshold. A well-structured plan avoids probate through a funded revocable trust, beneficiary designations, and, where appropriate, joint titling. We design plans that keep your estate out of the Stanley Mosk Courthouse probate calendar, preserve privacy, and move assets to your beneficiaries quickly. When probate cannot be avoided entirely, we also help families understand streamlined options for smaller estates and coordinate with our litigation team if disputes arise.
Tax-Aware & High-Net-Worth Planning
For high-net-worth Los Angeles families, an estate plan is also a tax and asset-protection plan. While California has no state estate tax, the federal estate and gift tax can reach substantial estates, and the current higher exemption is scheduled to change — making proactive planning valuable now. We coordinate with your CPA and financial advisors on strategies such as credit-shelter and marital planning for married couples, irrevocable trusts, lifetime gifting, and vehicles designed to move appreciation out of the taxable estate. Our goal is a plan that reflects your wealth and goals without unnecessary complexity, structured so it can withstand scrutiny from both taxing authorities and future challengers.
Business Succession Planning
If you own a company, your estate plan and your business plan have to work together. We help Los Angeles business owners plan the orderly transfer of ownership and control — to family, partners, or a buyer — through buy-sell agreements, trusts that hold business interests, and succession provisions coordinated with your operating agreement or bylaws. Because we also handle business disputes, we draft with an eye toward the conflicts that derail transitions, from valuation fights to deadlock among heirs. If you are considering a sale as part of your exit, our business purchase and sale attorneys can structure the transaction alongside your estate plan.
Special Needs & Blended-Family Planning
Some families need a plan built for a specific dynamic. A special needs trust lets you provide for a disabled loved one without jeopardizing their eligibility for needs-based public benefits like SSI and Medi-Cal, because assets held in a properly drafted trust are not counted against them. Blended families raise a different challenge: how to provide for a current spouse while protecting children from a prior relationship, often through tools like a QTIP or bypass trust. These are exactly the arrangements that draw disputes when drafted carelessly, so we build them precisely — clear language, the right trustees, and structures designed to honor your intent and reduce the risk of a later contest.
Litigation-Informed Drafting
What sets our estate planning apart is that we also litigate the disputes that plans produce. Our attorneys have handled trust and will contests, undue-influence and capacity claims, and trustee-removal fights — so we draft with those battles in mind. That means unambiguous distribution language, thoughtful use of no-contest clauses within California's statutory limits, careful documentation of capacity and intent, and trustee provisions that reduce friction. If you want to understand what a challenge actually looks like, our trust litigation practice handles these cases across Los Angeles County. Planning with a litigator's foresight is the best insurance against your wishes being second-guessed after you are gone.
Who We Represent
We plan for Los Angeles families and individuals at every stage of life and wealth.
- check_circleFamilies & Homeowners — We help Los Angeles families protect their home and savings, name guardians for minor children, and pass assets to the next generation without the delay and cost of probate.
- check_circleBusiness Owners — We coordinate your personal estate plan with your company through succession provisions, buy-sell agreements, and trusts that hold business interests, so ownership transfers on your terms.
- check_circleParents & Guardians — For parents of minor or dependent children, we prepare wills nominating guardians and trusts that manage assets and set the age and terms for distributions.
- check_circleHigh-Net-Worth Individuals — We design tax-aware, asset-protective plans for substantial estates, coordinating with your CPA and advisors on gifting, irrevocable trusts, and strategies to reduce federal estate-tax exposure.
- check_circleBlended Families — We build plans that provide for a current spouse while protecting children from a prior relationship, using structures designed to honor your intent and minimize the risk of conflict.
Serving Los Angeles & Southern California
From our office on Wilshire Boulevard, The Darvish Firm represents clients throughout Los Angeles County — including Beverly Hills, Santa Monica, Century City, Westwood, Culver City, Pasadena, Glendale, Burbank, and Long Beach — and across Orange, Ventura, Riverside, and San Bernardino Counties. We appear in the Stanley Mosk Courthouse and Los Angeles Superior Court locations countywide.
Request a consultation or call (310) 677-3512.
Los Angeles Wills, Trusts & Estates Attorneys — Frequently Asked Questions
Do I need a living trust or is a will enough?
For many California homeowners, a living trust is worth it simply to keep the home out of probate, which is slow and public. Whether you need one depends on your assets and goals — our article Do you really need a living trust? walks through the decision.
When should I update my estate plan?
After major life events — marriage, divorce, births, deaths, a significant change in assets, or buying property — and periodically as laws change. An outdated plan can be nearly as problematic as no plan.
What happens if I die without an estate plan in California?
Your assets pass by intestate succession — a formula in the Probate Code that may not match your wishes — and your estate likely goes through probate, adding time and expense for your family. Even a basic plan avoids most of that.
How much does a living trust cost in California?
There is no fixed price for a California living trust — cost depends on the size and complexity of your estate, whether you own a business or real property, and how much tax and asset-protection planning your situation calls for. A simple plan for a single home and straightforward distributions costs far less than a high-net-worth plan with irrevocable trusts and business succession. We take a cost-conscious approach and will scope the work to your actual needs before you commit. To discuss your situation, you can request a consultation.
What is the difference between a will and a living trust?
A will takes effect only at death, must generally be validated through California's court-supervised probate process, and is where you nominate a guardian for minor children. A living trust takes effect as soon as it is signed and funded, lets you manage assets during life and incapacity, and passes assets to your beneficiaries without probate. Most complete California plans use both: a funded revocable trust to hold the major assets and a pour-over will to catch anything left outside it and to name guardians. They work together rather than being an either/or choice.
Does a living trust avoid probate in California?
Yes — but only for the assets actually titled in the trust's name. A living trust avoids probate because legal ownership sits with the trust, not with you individually, so there is nothing for the probate court to administer at your death. The catch is funding: if you sign a trust but never retitle your home, accounts, or business interests into it, those assets can still land in probate. That is why we handle the deeds and asset transfers as part of the plan and confirm your Los Angeles County real property is recorded in the trust's name.
What documents are in a complete estate plan?
A complete California estate plan typically includes four core documents: a revocable living trust to hold and distribute your major assets outside probate; a pour-over will to catch stray assets and nominate guardians for minor children; a durable power of attorney so an agent can manage your finances if you become incapacitated; and an advance health care directive naming someone to make medical decisions and recording your wishes. High-net-worth or business-owning families often add irrevocable trusts, buy-sell agreements, or special needs provisions. We prepare all of these so they work together as one coordinated plan.
Have a question about your situation? Call (310) 677-3512 or request a consultation.