How to set up a living trust in CA?

Question

Hello, I would like to set up a living trust. I have two questions.
1. I 'd like to prepare the document myself. Where do i get the template? I was told this site - http://office.microsoft.com/en-us/templates/TC010014711033.aspx?pid=CT101435131033
But I don't know which form is for living trust for a single person w/o children.
2. Do I need a lawyer to record this or just have it notarized? If I only need it notarized, where do i record it to make it legal? Thank you.

Answer 1

This is what I do as an attorney. You are correct that you do not need an attorney to prepare a trust. Go to your local legal bookstore. There should be one in the phone book. Ask for Nolo Press self help books. They have some very good form books for everyday documents. They will have forms for single trust as well as marital trusts.
You do not need to record a trust. It is notarized, I do that too. A trust is a self governing contract and is valid once it is notarized. The only reason to record something is to make that something a matter of public record. The trust is intended to remain private.
Now trusts often come with other documents as part of an overall estate package. If that is the case, then a Power of Attorney will be included with that package. The Power of Attorney can be recorded to put the public on notice of who is to be in charge of your assets or your person. Usually, in a living trust package, the extra documents don't become active unless you become incapacitated, in which case they aren't recorded until the incapacity acually occurs.

Answer 2

Michael, The believe must be drafted precisely as you and your spouse wish. Any time period would properly be particular to await a sale of the domicile and/or it would properly be left to the discretion of the Trustee no matter if the beneficiary is more advantageous wholesome to regulate the duty. The names of beneficiaries and their probabilities must be specified contained in the believe. the biggest themes are to envision the believe and then identify the resources less than the call of the believe. It must be recorded with the County, the position the resources is positioned. supply careful concept in finding out on a Successor Trustee. you'll finally choose someone you could thoroughly count upon and who will outlive both you and your spouse. solid success and do not delay!