Planning for the future means making decisions today that will protect your family, your assets, and your legacy tomorrow. For many Monterey families, a living trust is one of the most effective tools in an estate plan. Unlike a will, a living trust allows you to maintain control of your assets during your lifetime—while providing a smooth, private, and efficient transfer of those assets to your loved ones after you pass.

At John D. Laughton, A Professional Law Corporation, A Professional Law Corporation, our attorneys help Monterey families understand how living trusts work, why they matter, and how they protect everything you’ve worked for.

What Is a Living Trust?

A living trust is a legal document that you create while you are alive to hold, manage, and eventually distribute your assets. You transfer ownership of assets—such as your home, bank accounts, and investments—into the trust, but you maintain full control over them as the trustee.

Because the trust is revocable, you may:

• Change the terms
• Add or remove property
• Update beneficiaries
• Cancel the trust entirely

This flexibility makes living trusts one of the most popular estate planning tools in California.

Living Trust vs. Will: What’s the Difference?

While both documents help determine what happens to your assets after you pass, they function very differently.

✔ Living Trust

• Avoids probate
• Keeps your estate private
• Allows for faster distribution to heirs
• Provides incapacity protection
• Can reduce your heirs’ tax burden
• Helps manage multi-state property efficiently

✔ Will

• Must go through probate
• Becomes public record
• Does not protect you during incapacity
• Can lead to delays and added costs

For Monterey residents—especially homeowners—a living trust can be one of the most valuable estate planning tools available.

Why Avoiding Probate Matters in California

California’s probate process is known for being:

• Lengthy
• Expensive
• Public
• Paperwork-heavy

Depending on the size of your estate, probate can take months or even years, leaving your heirs waiting and paying significant fees. A living trust allows your assets to transfer quickly and privately, without court involvement.

For families with heirs living outside Monterey County or out of state, this is a major benefit.

How a Living Trust Protects You During Incapacity

One of the most overlooked advantages of a living trust is incapacity planning. If you become disabled or unable to make financial decisions, the successor trustee you choose can step in and manage your affairs—without court intervention.

This provides:

• Peace of mind for your family
• Continuity in asset management
• Protection from court-controlled conservatorship
• Support during serious illness or cognitive decline

Without a trust or financial power of attorney, the probate court may take control of your finances, making decisions on your behalf. A living trust ensures your wishes guide your care.

How a Living Trust Helps Your Heirs

A properly created living trust can:

✔ Streamline asset distribution

Your beneficiaries gain access to their inheritance quickly—without waiting for probate.

✔ Minimize taxes

Trusts can reduce tax exposure and prevent unnecessary losses.

✔ Protect privacy

Your financial matters stay entirely out of public record.

✔ Reduce stress during grief

In a time when your family needs support, a trust removes administrative burdens.

These advantages make living trusts a powerful estate planning option for Monterey families of all ages.

Is a Living Trust Right for You?

A living trust may be ideal if you:

• Own a home in California
• Want to avoid probate
• Have children or dependents
• Own significant assets or savings
• Want privacy in your estate planning
• Want protection if you become incapacitated
• Have blended families or multi-state property
• Want to minimize disputes among heirs

Our attorneys help you design a personalized plan aligned with your family, values, and long-term goals.

Creating a Living Trust With John D. Laughton, A Professional Law Corporation

We provide comprehensive and customized estate planning services across Monterey County, helping individuals and families:

• Establish revocable living trusts
• Coordinate beneficiary designations
• Protect assets
• Integrate special needs, retirement, and tax-sensitive planning
• Appoint trustees and successor trustees
• Update or amend existing estate plans

With decades of experience, we ensure your estate plan reflects your wishes and protects the people who matter most.

Take the First Step Toward Peace of Mind Today

A living trust is one of the simplest and most powerful tools you can use to protect your legacy. Whether you're beginning your estate plan or updating an existing one, our attorneys are here to guide you.