
The Importance of Estate Planning for LGBTQ Families with Children in California
March 19, 2025Estate Planning Tips for First-Time Homebuyers in California: Why You Should Put Your Home in a Trust

Buying your first home in California is an exciting—and often overwhelming—experience. Between the paperwork, inspections, and moving logistics, estate planning probably isn’t high on your to-do list. But here’s the thing: now that you own real estate, your financial life has changed in a big way. At the Kushner Legal Corporation, we have helped many first-time home owners set up their first trust.
Whether you just picked up the keys or are still unpacking boxes, this is the perfect time to start thinking about protecting your new investment. Let’s break down what first-time homeowners in California need to know about estate planning—and why putting your home into a living trust is a smart move from day one.
-
-
Why Estate Planning Matters—Even for First-Time Buyers
Estate planning isn’t just for retirees or the super-wealthy. If you own property, you have an “estate.” Planning for what happens to it if something happens to you is about protecting your loved ones, avoiding unnecessary costs, and keeping control over your assets.
At minimum, a basic estate plan includes:- A Will
- A Living Trust
- Power of Attorney
- Advance Healthcare Directive
For new homeowners, the living trust is especially important.
-
Avoid Probate by Putting Your Home in a Trust
In California, if you pass away and your property isn’t in a trust, it could end up in probate—a court process that’s time-consuming, expensive, and public. Even if you have a will, it doesn’t keep your home out of probate.Here’s why that matters:
- Probate in California can take 9–18 months (or more).
- It can cost thousands in legal and court fees.
- Your family could face delays and stress trying to manage or sell the property.
Solution: Transfer your home into a living trust. This allows your heirs to skip probate and smoothly inherit the home according to your wishes.
-
You Still Have Full Control
Many first-time buyers worry that putting their home into a trust means giving up control. Not true. When you set up a revocable living trust, you are typically the trustee and beneficiary.
That means:- You can sell, refinance, or renovate your home.
- You can change or revoke the trust at any time.
- You stay in charge for as long as you’re alive and well.
The trust just ensures a seamless transition if something happens to you.
-
Protect Yourself in Case of Incapacity
Estate planning isn’t only about death—it’s also about preparing for the unexpected. If you become incapacitated due to illness or injury, your successor trustee can step in and manage your home without court involvement. Without a trust or power of attorney, your family may have to go through a long and costly conservatorship process just to pay your mortgage.
-
Don’t Forget to Fund the Trust
Creating a trust isn’t enough—you need to transfer the title of your home into the name of the trust. This is known as “funding the trust,” and it’s a crucial step many people miss.You’ll need to:
- Work with your estate planning attorney to draft a deed.
- File the new deed with your county recorder’s office.
- Update your homeowner’s insurance and title documents as needed.
Once it’s done, your home is protected by the trust. At Kushner Legal, we include a complimentary transfer deed in our comprehensive estate planning packages and we do the legwork to make sure that the deed gets filed with the county.
-
Get Professional Help—It’s Worth It
Buying your first home is a major milestone—and so is creating an estate plan. These decisions are too important to DIY. We can walk you through the process and make sure your trust is done correctly. We offer a flat fee service for our comprehensive estate plans so that there are no surprise or hidden fees.
Final Thought: Plan Today, Protect Tomorrow
Your first home isn’t just where you live—it’s a key part of your financial future. Taking the time to create a trust and set up an estate plan ensures that your hard-earned investment is protected, your wishes are respected, and your loved ones won’t be left dealing with unnecessary legal hassles.
Contact the Kushner Legal Corporation today to schedule a consultation to ensure that your estate plan includes your property.
-