Leslie Daff, JD, MBA, an Irvine Wills Attorney, is a Certified Specialist in Estate Planning, Probate, and Trust Law by the State Bar of California Board of Legal Specialization. Leslie has been named for five consecutive years by OC Metro Magazine as one of the region's top lawyers. She has been granted the highest rating of "10/10 Superb" by independent attorney rating service Avvo. She has also received the highest designation of "AV Preeminent 5 out of 5" by legal directory Martindale Hubbell, which signifies her peers rank her at the highest level of professional and ethical excellence. In October, the State Bar of California Board of Trustees appointed Leslie to serve as one of nine commissioners on the Estate Planning, Trust and Probate Law Advisory Commission to advise the State Bar of California Board of Legal Specialization about its program to certify legal specialists in the area of estate planning, trust and probate law. Leslie was also selected by her peers for inclusion in Southern California Top Rated Lawyers, published by Law.com and the Los Angeles Times in November.
In some situations, a living trust may not be necessary, and a will is all you need to transfer property not otherwise passing outside of probate (e.g., by beneficiary designation, titling, contractual arrangement). However, the property transferred by will must not exceed $100,000 or it will be subject to probate.
More often than not, and especially if you own real property, a “pour over” will is used in conjunction with a living trust, to catch any assets that may not have been transferred to the trust, so they can be distributed according to the trust’s terms.
You also nominate guardians for your minor children in your will.