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ProbateWill

Do I need a living trust or just a will?

CAwillow_oak1 month ago

Single, no kids, modest assets — house, retirement, savings. Living trust necessary or is a will enough?

1 reply

✓ Verified answer from a licensed attorney — shown first

Eleanor Bryant avatarEleanor BryantVerified Attorney1 month ago

Honest answer: in states where probate is expensive and slow (CA is the poster child — probate fees are statutory at 4% of the first $100k, declining percentages above), a living trust is almost always worth it for anyone with real estate. In states with simple probate (TX, most southern states), a well-drafted will is often enough. For a single person with a house: in CA I'd lean trust. In NC (where I practice) I'd lean will + transfer-on-death deed for the house. Plus you need: durable power of attorney, healthcare directive, HIPAA release, and updated beneficiary designations on retirement and life insurance. The trust by itself isn't the whole plan.

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Please readThis is a community space for sharing personal experience — it is not legal advice, and posts here are not from Lawma or your attorney. We strongly encourage you to post under an anonymous handle, keep questions general, and avoid posting private details of your active case. For advice about your own situation, message your attorney.