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January 16, 2026Make Estate Planning Your New Year’s Resolution: Why Setting Up a Trust in California Matters More Than You Think

The beginning of a new year invites reflection. For many people in Los Angeles and Palm Springs, that reflection often centers on stability, family, and protecting what they have worked so hard to build. While resolutions often focus on fitness or finances, one of the most meaningful commitments you can make is putting a thoughtful estate plan in place. In California, establishing a trust is one of the most effective ways to do exactly that.
At Kushner Legal, we work with individuals and families throughout Los Angeles, West Hollywood, and Palm Springs who want clarity and control rather than uncertainty. California’s estate planning laws are complex, and without proper planning, even well intentioned families can find themselves navigating a lengthy and expensive probate process. Under California Probate Code section 13000 and related provisions, assets held in an individual’s name at death often require court supervision. Probate is public, slow, and costly, with statutory fees for attorneys and executors governed by Probate Code section 10810. A properly structured trust allows your assets to pass privately and efficiently, outside of the court system.
A trust is not only about avoiding probate. It is about control. A will offers very limited flexibility and only becomes effective at death. A trust allows you to clearly define how your assets are managed during your lifetime, how they are handled if you become incapacitated, and how they are ultimately distributed. This is particularly important for clients with blended families, chosen families, or beneficiaries who may need additional guidance or protection. California Probate Code section 16060 and related fiduciary duty statutes provide the legal backbone that ensures trustees act responsibly while still allowing the plan to be tailored to your goals.
Incapacity planning is another area where trusts play a critical role. If you become unable to manage your affairs, a trust allows your chosen successor trustee to step in immediately without court involvement. Without a trust, families are often forced into conservatorship proceedings under Probate Code section 1800, which can be intrusive, stressful, and expensive. A trust creates continuity and peace of mind during moments when families need it most.
For homeowners in Los Angeles and Palm Springs, trusts are especially important. Real estate values in Southern California are significant, and even modest estates can easily exceed probate thresholds. Holding real property in a trust allows for a smooth transition at death while preserving privacy. When structured correctly, a trust can also help preserve property tax benefits under Proposition 13 transfer rules, an issue that is increasingly relevant for families hoping to pass homes to the next generation without triggering dramatic tax reassessments.
The new year is also an ideal time to review existing plans. Many Californians have wills or trusts that no longer reflect their current lives. Marriage, divorce, the birth of children, the purchase of property, or relocation between cities like Los Angeles and Palm Springs can all impact how an estate plan should function. Estate planning is not static. It should evolve alongside your life.
At Kushner Legal, our approach is relationship based and intentional. We believe estate planning should feel empowering rather than overwhelming. A trust is not about anticipating worst case scenarios. It is about providing clarity, reducing conflict, and ensuring that the people you care about are protected.
If you are ready to make estate planning your New Year’s resolution, we invite you to connect with Kushner Legal. We proudly serve clients throughout Los Angeles and Palm Springs with customized trust based planning designed for modern California families. Contact Kushner Legal today to schedule a confidential consultation and take the first step toward a more secure and intentional future.



