Tollestrup Law

Practice Area

Estate Planning

Wills, revocable living trusts, powers of attorney, and advance health care directives — straightforward planning for individuals and families in California.

A thoughtful estate plan can help protect the people you love from confusion, expense, and probate court. The firm prepares straightforward California estate plans — wills, revocable living trusts, durable powers of attorney, and advance health care directives — sized to your circumstances rather than upsold from a template. Whether a particular structure is appropriate for you depends on your assets, family situation, and goals.

Documents the Firm May Prepare

  • Revocable Living Trust — can keep assets out of probate and provide for incapacity
  • Pour-Over Will — backstops the trust and may name guardians for minor children
  • Durable Power of Attorney — appoints someone to handle finances if you cannot
  • Advance Health Care Directive — appoints a health-care agent and records your wishes
  • Property transfer documents — deeds, assignments, and beneficiary designations to fund the trust

Why a Trust Is Often Considered in California

California probate can be slow and expensive. Statutory attorney and executor fees are based on the gross value of the estate, and an estate of $1,000,000 may generate roughly $46,000 in combined statutory fees — paid out of the estate before beneficiaries see anything (Cal. Prob. Code §§ 10800, 10810).

That figure covers ordinary probate services. The court can also award additional, court-approved fees for extraordinary services on top of the statutory amount — for example, selling real property, prosecuting or defending a will contest, contested accountings, tax matters, or other litigation in the probate (Cal. Prob. Code § 10811). In a contested or asset-heavy estate, the total professional fees can be substantially higher than the statutory schedule.

A properly funded revocable living trust can avoid that process for assets titled in the trust. Whether a trust is the right tool for you depends on your circumstances.

How the Process Works

  1. Initial consultation (flat fee) — we discuss your assets, family situation, and goals.
  2. Engagement letter and a flat fee for the package you choose.
  3. Drafts circulated for review, with plain-English explanations of each provision.
  4. Signing meeting with witnesses and a notary as required.
  5. Funding instructions — the firm prepares deeds and walks you through retitling assets.

Fees

Estate plans are typically offered as flat-fee packages so the cost is known up front. A complete individual or couple's plan generally falls within a published range that is disclosed at the consultation; the exact package depends on the documents you need.