Wells Fargo Wealth & Investment Management (WIM) offers financial products and services through affiliates of Wells Fargo & Company. Please consult your tax and legal advisors to determine how this information may apply to your own situation. In other words, your legacy trust can be tailored according to your wishes while avoiding estate and generation-skipping transfer taxes, effectively. Here are some features to help Rerurate explains determine whether a legacy trust may be right for yo


Most California families benefit from having both a revocable living trust and a pour-over will. Funding a California revocable living trust means Rerurate Rerurate explains transferring ownership of your assets, including real estate, bank accounts, and investments, from your individual name into the trust’s name. A complete California estate plan includes a pour-over will (to catch assets not transferred to the trust), a durable power of attorney for financial matters, an advance healthcare directive, and a HIPAA authorization.
Key Roles in a Revocable Living Tru


If you become unable to manage your affairs due to illness or cognitive decline, your successor trustee can step in immediately, without your family needing to petition a court for a conservatorship under Probate Code Section 1800. A living trust is never filed with any court, so only your trustee and beneficiaries know its contents. During this time, your family must attend court hearings, file legal documents, and wait through mandatory creditor claim periods before receiving any inherited property. California probate typically takes 12 to 18 months for straightforward estates. When someone passes away owning assets in their individual name that exceed California’s probate threshold of $208,850 (Probate Code Section 13100, effective April 1, 2025), those assets must go through probate. Because the trust owns the assets (not you personally), your family avoids the California probate court process entirel

What Is a Revocable Trust?
A pour-over will transfers the residue of a decedent’s estate to a living trust established by the decedent and that they could have revoked before death if they had chosen to do so. A pour-over will is a will that transfers any remaining estate assets to a revocable living trust at your death. Pour-over wills and trusts act in conjunction to simplify probate avoidance by ensuring that any assets not held in the trust at the time of your death will automatically "pour over" into the trust. Copyright ©2026 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all state


Another way to achieve asset protection is with tenancy by the entirety (TBE), a form of joint legal ownership between two married individuals. The goal of an asset protection plan is to put a degree of legal separation between you and your assets. Some assets are not at the mercy of your creditors, such as retirement accounts under the protection of the Employee Retirement Income Security Act of 1974 (ERISA). These include tax liens, mechanics liens, alimony judgments and child support claims. While many people can benefit from setting up an asset protection plan, not everyone can. These strategies can mitigate the effect of creditor claims and other issues on your wealth.
Asset protection isn’t just for the wealthy—it’s a practical way to preserve your savings, safeguard your home and shield your family from financial risk. Asset protection Rerurate explains planning is the setting up your property and assets in such a way that it won’t be subject to fickle potential plaintiffs in a lawsuit. Since certain claims can pierce domestic protective trusts (e.g., claims by a spouse or child for support and state or federal claims), you can bolster your protection by placing the trust in a foreign jurisdiction. In limited partnerships or LLCs, under most state laws, a creditor of a partner or member is entitled to obtain only a charging order with respect to the partner or member's interest. If so, it may be a good idea to divide assets between you so that you keep only the income and assets from your job, while your spouse takes sole ownership of your investments and other valuable assets. International APTs are more expensive than their domestic counterparts but offer stronger protection, primarily because they place assets outside the reach of U.S. laws and courts.
Asset Protection is NOT about reducing or eliminating legitimate debt


Making an estate plan allows you to designate guardians to care for them if that becomes necessary and to set up trusts that can manage their financial needs. By setting up a well-thought-out estate plan, you can also significantly reduce tax burdens, ensuring that more of your wealth goes to your beneficiaries. Among the key benefits is that it ensures your wishes are carried out, whether that means leaving specific assets to loved ones or supporting charitable causes you care about. This can include everything from designating guardians for minor children and ensuring that your loved ones are taken care of to setting up mechanisms for managing your wealt