Estate Planning Attorney in Encino

A signed trust and a funded trust are not the same thing. Real estate is the asset owners most often leave outside their trust. An estate planning attorney in Encino reviews each property separately, because every parcel has its own deed and its own risks. 

Consider an owner who lives in an Encino home, rents out a duplex, holds a fourplex through a limited liability company and owns a cabin in another state. Each property raises its own question, and several questions affect all four. 

Gold Law is located in Camarillo and represents Encino property owners throughout the San Fernando Valley. 

If you own more than one property and are unsure how each one is titled, call (805) 388-8800 to schedule an appointment with Gold Law. Please bring a copy of each deed and any operating agreement to the first meeting.

Where an Estate Planning Attorney in Encino Starts When One Owner Holds Several Properties

The answer for each parcel depends on how the recorded deed reads today, not on what the owner intended years ago. Gold Law's estate planning attorneys begin by obtaining every deed and comparing it with the trust. 

Return to the Encino owner, who signed a trust in 2015 and believes it covers the home and the duplex. When the deeds arrive, both show the owner's individual name. Each property was refinanced after the trust was signed, and neither was deeded back into the trust. What was missing was a new deed after each loan closed.

How an Encino Trust Attorney Funds the Duplex and Why Titling Controls the Result

Funding a trust means changing an asset's ownership so the trust holds it. For real estate, that requires a deed from you to yourself as trustee, recorded with the county. The deed, the insurance policy, the loan and the rental paperwork each need attention. 

If the duplex was never deeded to the trust, it remains in the owner's individual name. Should the owner die, the trust would have no authority over the building. The family could then face probate, the court process that transfers a person's property after death, in Los Angeles County.

Why Encino Landlords Ask Our Attorneys About a Fourplex Held in an LLC and a Trust

When a limited liability company owns a building, the owner holds a membership interest in the company, and the company holds the building. That distinction decides what the trust has to receive. Gold Law does not form companies, promise that any entity structure will protect you from liability or give tax advice on entity choices. Its role is to prepare the assignment that moves the membership interest into the trust. 

What the Company's Operating Agreement Allows Before Anything Moves

An operating agreement is the contract among the members that governs the company. California Corporations Code section 17705.02 says a transfer of an interest is generally permitted. The same section makes a transfer that violates a restriction in the operating agreement ineffective against a person who knew of the restriction. Reading the agreement first shows whether consent is needed before the interest can go into the trust. If the agreement itself needs to change, Gold Law refers that work to the owner's business attorney.

What Changes When a Membership Interest Is Assigned to the Trust

An assignment is the written document that moves the interest into the trust. Under section 17705.02, the company does not have to honor a transferee's rights until it has notice of the transfer, so the assignment must be delivered to the company. If a member dies holding the interest personally, section 17705.04 lets the personal representative, the person appointed to administer the estate, step in with limited rights. Those rights run through the estate, which the trust was meant to avoid. The firm's trust administration lawyers see the difference once a trustee has to act.

What Encino Property Owners Should Ask a Lawyer About a Cabin or Rental in Another State

Real property is generally governed by the law of the state where it is located. A California will cannot transfer title to a cabin in another state o…

What Proposition 19 Means When Encino Parents Ask an Attorney About Leaving Several Properties to Their Children

Proposition 19 narrowed the parent to child exclusion from property tax reassessment. Reassessment means the county sets a new taxable value, usually…

Where an Encino Estate With Real Property Is Heard in Los Angeles County and How Our Lawyers File

Property left outside a trust usually passes through probate. For an Encino resident, that case belongs in the Los Angeles Superior Court, where Gold…

Which Neighboring San Fernando Valley Cities Our Encino Estate Planning Lawyers Serve

Property owners across the valley bring the same titling questions. Gold Law works with families in Sherman Oaks, Studio City, Woodland Hills, Van Nuy…

Let an Estate Planning Attorney in Encino Check Every Deed You Own

Several properties mean several deeds, and each one has to point to the same plan. Gold Law reviews how every parcel is titled and explains what has to change. You leave with a list of the deeds, assignments and filings your plan still needs. 

No attorney can promise a particular property tax result or guarantee that a property will stay out of court. What the firm can do is find the gaps while you are still able to fix them. 

The office is located at 484 Mobil Avenue, Suite 26, Camarillo, CA 93010. Office hours are Monday through Thursday 9am to 5pm and Friday 9am to 1pm. To work with an estate planning attorney in Encino, call (805) 388-8800 or write to the firm and ask for a free consultation. The attorney can review your deeds with you at the office, by phone or on a video call. Marissa Garcia earned the Certified Specialist designation in Estate Planning, Trust and Probate Law through the State Bar of California Board of Legal Specialization. 

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