Dustin MacFarlane, Attorney at Law
If You Die Without a Trust,
Your Family Goes to Court.
Probate is public, expensive, and takes 12–24 months. A properly drafted living trust keeps your family out of court — and in control. I've helped 6,000+ California families protect what they've built.
Free answers in under 2 minutes — no appointment needed.
"Someone Just Died.
What Do I Do Now?"
If you just lost a loved one, you're facing legal deadlines, frozen accounts, and decisions you've never had to make before — often within days. We handle this every week. We can help you right now.
No appointment needed. Real answers from a Certified Specialist, not a call center.
What happens next depends on:
Did they own a home?
Real estate almost always triggers probate
Did they have a trust?
Trust = no court. No trust = 12–24 months
Was the estate over $208,450?
California probate threshold — AB 2016
⚠️ High-Stakes Situations
Facing a Medi-Cal Crisis or Cognitive Decline?
Read our Certified Specialist's guide to protecting your home and assets before it's too late.
What Happens If You Do Nothing
Most California families don't plan until it's too late. Here's what that looks like.
Probate Court
Your estate goes to court. California probate fees are set by law — 4% on the first $100K, 3% on the next $100K... on a $1M estate that's $23,000+ in attorney fees alone. Then 12–24 months of waiting.
Family Conflict
No clear instructions means your family makes it up. Arguments over money, property, and "what you would have wanted" destroy relationships. Lawsuits between siblings are more common than you think.
Nursing Home Asset Loss
Long-term care in California costs $8,000–$12,000/month. Without a Medi-Cal plan, you may be forced to spend down your life savings before any government assistance kicks in.
None of this is inevitable. A properly drafted trust prevents all three.
How We Protect California Families
Every plan is customized. Every client gets a Certified Specialist — not an associate.
Living Trust Planning
Keep your family out of probate court and in control.
Learn more →Incapacity Planning
Who decides if you can't? Make sure it's someone you trust.
Learn more →Medi-Cal Planning
Legal strategies to protect assets from long-term care costs.
Learn more →Inheritance Protection
Shield your kids' inheritance from divorce, creditors, and lawsuits.
Learn more →Trust Administration
Guidance for trustees navigating complex responsibilities.
Learn more →Emergency Planning
Same-day options when time is critical and stakes are high.
Learn more →Will vs. Living Trust in Roseville & Sacramento — Full Comparison
Most Roseville and Placer County families with a home need a living trust, not a will. Here is exactly why — cost, speed, privacy, court involvement, and more.
| Feature | Last Will & Testament | Revocable Living Trust | Certified Specialist Trust ★ |
|---|---|---|---|
| Court Involvement | ✅ Probate court required — mandatory for estates over $208,450 | ❌ No court — bypasses probate entirely | ❌ No court + advanced asset protection |
| Speed to Distribute Assets | 12–24 months (Placer County Superior Court) | Days to weeks — no court delay | Days to weeks — no court delay |
| Privacy | 🔓 Public record — will is filed with the court, anyone can read it | 🔒 Fully private — never filed with any court | 🔒 Fully private |
| Upfront Cost | Lower ($300–$1,500) | Moderate ($1,500–$3,500) | Higher ($2,500–$5,000+) |
| Total Cost to Family | Highest — $23,000–$46,000+ in probate fees on a $1M estate | Low — eliminates all probate fees | Lowest — eliminates probate + prevents disputes |
| Incapacity Planning | ❌ None — wills only activate at death | ✅ Successor trustee acts immediately during incapacity | ✅ Seamless successor transition, no gap in authority |
| Medi-Cal / Long-Term Care Protection | ❌ No protection | ⚠️ Revocable trust = no Medi-Cal protection | ✅ Irrevocable structures available for asset protection |
| Minor Children — Age of Inheritance | ⚠️ Court controls assets until age 18 | ✅ You set the distribution age | ✅ Custom schedule (e.g., 25/30/35 or milestone-based) |
| Inheritance Protection for Heirs | ❌ Outright — exposed to creditors, divorce, lawsuits | ⚠️ Basic spendthrift provisions possible | ✅ Assets held in trust — shielded from divorce and creditors |
| Out-of-State Real Estate | Ancillary probate required in each additional state | No ancillary probate needed | No ancillary probate + deed coordination included |
| Best For | Estates under $208,450 with no real estate | Most California homeowners | Families with real estate, business interests, blended families, or Medi-Cal concerns |
★ Certified Specialist in Estate Planning, Trust & Probate Law — California State Bar certified. Fewer than 1% of California attorneys hold this designation.
Medi-Cal Asset Limits Are Returning
California eliminated Medi-Cal asset limits in 2024 — but they're coming back July 1, 2027. The new limit will be $130,000 for a single person. Families who plan before the deadline can protect significantly more. Families who wait may lose everything.
Learn How to Protect Your Assets →Did Someone You Love Pass Away?
You may qualify for a faster, cheaper simplified probate process. Answer 5 quick questions to find out — no attorney required to check eligibility.
A message from Dustin
“I Am Not Letting This Happen Again.”
A client died one week before signing her estate plan. That's why I now offer express service — for people who are ready to act now, not later.
What California Families Say
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California Estate Planning: Myths vs. Reality
These are the misconceptions Dustin hears most often — and the ones that cost families the most when they go uncorrected.
I don't need a trust — I have a will.
A will does not avoid probate in California. Any estate over $208,450 that passes through a will must go through Sacramento or Placer County Superior Court — a public process lasting 12–24 months with statutory attorney fees up to $23,000+ on a $1M estate.
⚖️ California Probate Code § 13100"A will is a set of instructions for the court. A trust is a set of instructions for your family — no court required."
Probate is just some paperwork — it's not a big deal.
California probate is a Superior Court proceeding. On a $1M estate, statutory attorney fees alone are $23,000. Add executor fees, filing costs, and 12–24 months of delays — and the "paperwork" costs your family more than most trusts cost to create.
⚖️ California Probate Code § 10810 (statutory fee schedule)"I've seen families spend $60,000 in probate fees on an estate the person wanted to leave intact. That money is gone. The trust would have cost $3,500."
My spouse will automatically inherit everything when I die.
California's intestate succession rules (Probate Code § 6400) give a surviving spouse all community property — but separate property is split between the spouse and children. If you have children from a prior relationship, your spouse may receive only one-third to one-half of your separate property.
⚖️ California Probate Code § 6401"Blended families are where this myth causes the most damage. A $500,000 separate property account can end up split in ways nobody intended."
A living trust protects my assets from Medi-Cal.
A revocable living trust offers zero Medi-Cal protection. Because you retain control of the assets, the state counts them. Only an irrevocable Medi-Cal Asset Protection Trust (MAPT), properly structured and funded before the look-back period, can shelter assets.
⚖️ California Welfare & Institutions Code § 14009.5"This is one of the most dangerous misconceptions I see. Families create a revocable trust thinking they're protected, then get blindsided when the state comes after the estate."
I'm too young / my estate is too small to need estate planning.
Estate planning isn't only about death — it's about incapacity. Without a durable power of attorney and advance health care directive, a car accident at age 35 can result in court-supervised conservatorship, costing your family $5,000–$15,000 to establish and ongoing court supervision for years.
⚖️ California Probate Code § 4000 et seq."The youngest client I've helped navigate conservatorship was 41. Their spouse couldn't make medical decisions for them for six weeks while we waited for a court hearing."
My kids will share everything fairly — I don't need to spell it out.
California intestate succession is a formula, not a negotiation. And even with a plan, ambiguous instructions invite disputes. Sibling litigation over estates is routine in Sacramento and Placer County probate courts — and attorney fees in a contested probate can exhaust the estate.
⚖️ California Probate Code § 6402Once I sign the trust, I'm done.
A signed trust that isn't funded provides no protection. Every asset — especially real property — must be retitled into the trust's name. Accounts must be updated. A trust document without funding is a plan that doesn't work.
"Funding is the step most online services skip entirely. It's also the step that determines whether your trust works when your family needs it."
Is Your Estate Protected?
Most California families have 2–3 blind spots that could cost their heirs $20,000+ and a year in court. Take the 2-minute audit — get your score and see your red flags instantly.
2-Minute Estate Health Audit
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Ready to Protect Your Family?
Book a confidential consultation with Dustin MacFarlane — California's Certified Specialist in Estate Planning, Trust & Probate Law. Most plans complete in 6 weeks.
Serving Sacramento, Placer County, El Dorado County, and all of California