It is a common misconception that trusts are only for the wealthy.  In reality, nearly all people would benefit from having a living Trust.  In California, anyone with an estate in excess of $150,000 or who owns real estate will leave their property subject to a costly and slow-moving probate if they do not have a trust.   Creating a living trust can also minimize the expense and delay associated with post-death administration, reduce estate taxes, reduce the likelihood of disputes after death, and avoid court involvement if the event of mental incapacity. 

The estate planning attorneys at Ferguson Law Group, Inc. design and draft individually tailored estate plans that accomplish our client’s goals while simplifying the estate administration process.  As part of our estate planning process, we prepare the following documents:

Revocable Living Trusts: A living trust is a document by which the creator (called a “settlor”) funds the trust with their assets including their real estate, bank accounts, stocks and other assets. The settlor retains control over the assets during their lifetime and they can modify or revoke the trust at anytime during their lifetime.  After the Settlor’s death or incapacity, a successor trustee named in the trust to manages the trust assets. After the settlor dies, the assets in the trust are distributed to the trust beneficiaries.

Wills: A will is a document by which the creator (the “testator”) tells the world and the court their post-death wishes for their property.  A will also names a guardian if the testator has minor children.  Whether someone has a trust or not, everyone should have a will to determine who inherits their property and to minimize post-death disputes.

Durable Financial Powers of Attorney: Durable financial powers of attorney designate a person or persons to manage the financial affairs of the principal party in the event they become incapacitated.

Advance Health Care Directives: Advance health care directives designate a person or persons to make medical decisions on behalf of a person who can no longer make their own medical decisions due to mental or physical impairment.  Items commonly addressed in advance health care directives include where the principal will live, continuing or terminating artificial nutrition, and other important medical and end-of-life considerations.


In addition to basic estate planning, the San Jose Trust lawyers Ferguson Law Group also offers irrevocable trusts for high net-worth individuals using irrevocable trusts and family limited partnerships or limited liability companies (LLCs).  An irrevocable trust is a trust created by the settlor, but which cannot be revoked after created.  Often, the purpose of an irrevocable trust is tax reduction and the transfer of assets. A San Jose living trust lawyer at Ferguson Law Group can prepare a multitude of irrevocable trusts including:

  • Irrevocable life insurance trusts
  • Intentionally defective grantor trusts
  • Charitable trusts
  • Qualified personal residence trusts
  • Grantor retained annuity trusts
  • And many more