Frequently asked questions.

What’s the difference between a will and a trust?

A will goes into effect after death and must go through probate. A trust takes effect immediately, avoids probate, and allows your assets to be managed and distributed privately, often more efficiently. 

How do I avoid probate in California?

Creating a revocable living trust is the most common way to avoid probate. Assets placed in the trust can pass directly to your beneficiaries without court involvement. 

What is a Medi-Cal Asset Protection Trust?

A Medi-Cal Asset Protection Trust (MAPT) is an irrevocable trust designed to help you qualify for Medi-Cal benefits while protecting your assets from being used to pay for long-term care costs. If you or a loved one receives or will apply for Medi-Cal, look at our Medi-Cal Planning page for more information or contact us today to discuss setting up a Medi-Cal Asset Protection Trust. 

Do I need an estate plan if I don’t have many assets?

Yes. Estate planning isn’t just about wealth. It also includes healthcare directives, end-of-life planning, powers of attorney, and guardianship designations for families with minor children. 

What happens if I die without an estate plan in California?

The state decides who receives your assets under intestacy laws. This may cause delays, higher costs, and outcomes that don’t reflect your wishes. 

Can I change my trust or estate plan later?

Yes, if you have a revocable trust or will. These documents can, and should be, be updated as your life circumstances change. An irrevocable trust, however, generally cannot be altered. 

How much does an estate plan cost in Sacramento?

The cost of an estate plan in Sacramento depends on your family’s needs and goals, as well as factors like family size, assets, and complexity.  We offer clear, flat-fee pricing and explain options before you begin. 

What documents are included in a basic estate plan?

A standard estate plan will usually include a will, revocable living trust, financial power of attorney, healthcare directive, and related transfer documents. Information about all of these documents can be found on our Estate Planning page, or contact us today to discuss your options.

Does a revocable living trust avoid taxes or law suits?

No, a revocable living trust does not reduce income or estate taxes or shield assets from lawsuits or creditors. Its main benefit is avoiding probate and ensuring a smooth transfer of assets to your beneficiaries. There are, however, other legal tools that can help shelter assets and reduce taxes. If asset protection or tax planning is your goal, contact us to explore other legal tools that may be more appropriate. 

Does a will avoid court?

No. In California, most wills have to go through probate court for your wishes to be carried out. Instead, a properly funded living trust can help your family avoid probate and simplify the process. We can guide you in choosing the right estate planning tools for your situation.

What does it mean to “fund” a trust?

Creating a trust is only the first step. Then, your assets like your real estate, bank accounts, and some investments must be retitled, or “funded”, into the trust. Without proper funding, those assets may still go through probate. Some assets, such as retirement accounts, generally should not be funded. We guide clients through the funding process so their estate plans actually work the way they intend.  Look at our Trust Funding page to learn more, or contact us to discuss funding your trust.

Why would someone need a Special Need Trust?

A Special Needs Trust allows money or property to be set aside for someone without risking their government benefits like SSI or Medi-Cal. We help families set up Special Needs Trusts for loves to protect their eligibility for public benefits. If you would like more information, see our Special Needs Trusts page, or contact us to set one up for a loved one.

Are there Government benefits that help pay for nursing home care in California?

In many cases, yes. We know the special rules and strategic planning techniques to get the government to pay for the cost of nursing home care. In the right circumstances, we can do this without the family spending down all of their savings, while safeguarding their home, savings, and property from Medi-Cal recovery. If you or a loved receives or may need nursing come care, our Medi-Cal Planning page provides a lot of useful information, or contact us today to discuss your options. 

Can I change an irrevocable trust in California?

Despite the name, many irrevocable trusts can be modified. Options may include court petitions, trust “decanting,” or other legal strategies. At Capital City Wills & Trusts, PC, we can help you explore the right approach for your situation.

Can you prepare an estate plan quickly if needed?

Yes. In urgent situations, Capital City Wills & Trusts, PC can complete a trust in as little as one day. We also make house calls, hospital visits, and nursing home visits to ensure your plan is in place when it matters most. if you or a loved one has an urgent situation and needs immediate help, contact us right away to get started.

Will you review a trust another attorney prepared?

Yes. Many clients come to us with existing trusts. We review them for accuracy, funding, and compliance with current California law.

How do I get started?

Simply contact us to schedule a free consultation. We’ll review your situation and recommend the right plan to protect your family and assets.