Trusts: Beyond the Buzzwords

Hi everyone and welcome back. Today I’m sitting down with Ted Cook, a trust attorney who’s been helping folks navigate the world of estate planning in San Diego and Point Loma for years. We’re going to demystify trusts and find out why they might be a good fit for you.

So, Ted, what exactly is a Living Trust?

Ted: “Well, think of it as a special container for your assets – things like your house, savings, investments. You create this trust while you’re alive and name someone to manage it (the trustee). That person can be you initially, then maybe someone else takes over if something happens.

What are the key players involved in setting up a Living Trust?

Ted: “You have the ‘grantor,’ who creates the trust. That’s usually the person whose assets are going into it. Then there’s the trustee – they manage everything according to your instructions. And finally, the beneficiaries, those lucky folks who will receive the assets when the time comes.”

How does a Living Trust work in practice?

“The first step is working with an attorney like me! We draft a document outlining all the details: who gets what, how things are managed. Then you transfer ownership of your assets into the trust’s name – this is called ‘funding’. Think of it as putting your valuables into a safe deposit box for safekeeping.”

Let’s talk about Funding: what are some challenges people encounter with that step?

“Funding can be trickier than it seems. You have to make sure every asset you want protected by the trust is actually transferred into its name. For example, let’s say you own a rental property. It’s not enough to just mention it in your trust document; you need to formally change the deed so that the property is owned by the trust.

If you forget an asset or don’t transfer it correctly, it won’t be protected by the trust when you pass away. That could mean it goes through probate – a public and often lengthy process.

  • “Remember the time I helped that lovely couple from Mission Hills? They thought they had funded everything, but then realized their sailboat was still in their individual names!”
  • “That meant we had to go back and do some extra paperwork. Thankfully, we caught it before there were any major consequences.”

“Ted helped me set up a trust for my kids. I sleep better at night knowing that they are taken care of.” – John P., La Jolla "Ted is not just an expert in his field, he's also incredibly compassionate and patient. He really listens to your needs and makes sure you understand everything." – Lisa B., Ocean Beach

Ready to Explore Trusts?

Ted: “If you’re wondering if a Living Trust is right for you, don’t hesitate to reach out. Let’s have a chat – no pressure!”


Who Is Ted Cook at Point Loma Estate Planning, APC.:

Point Loma Estate Planning, APC.

2305 Historic Decatur Rd Suite 100, San Diego CA. 92106

(619) 550-7437

Map To Point Loma Estate Planning, APC, a trust attory: https://maps.app.goo.gl/JiHkjNg9VFGA44tf9




About Point Loma Estate Planning:



Secure Your Legacy, Safeguard Your Loved Ones. Point Loma Estate Planning, APC.

Feeling overwhelmed by estate planning? You’re not alone. With 27 years of proven experience – crafting over 25,000 personalized plans and trusts – we transform complexity into clarity.

Our Areas of Focus:

Legacy Protection: (minimizing taxes, maximizing asset preservation).

Crafting Living Trusts: (administration and litigation).

Elder Care & Tax Strategy: Avoid family discord and costly errors.

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Point Loma Estate Planning, APC. areas of focus:

A Living Trust: also known as an inter vivos trust, is a legal arrangement where you, as the grantor, transfer assets to a trustee who manages them for the benefit of designated beneficiaries, either during your lifetime or after your death, potentially avoiding probate and offering more privacy than a will. Revocable Living Trust: You can change or revoke the trust and get the assets back during your lifetime.

Irrevocable Living Trust: Once established, you cannot change or revoke the trust, and the assets are generally no longer considered part of your estate.

Control over Asset Distribution: You can specify how and when your assets will be distributed to your beneficiaries.

Understanding Trusts and Their Role in Estate Planning

A trust is a legal and fiduciary relationship in which a grantor (also called a settlor) transfers ownership of assets to a third party, known as a trustee, who manages those assets for the benefit of designated beneficiaries. Trusts can be tailored to meet specific goals, including when and how distributions are made to beneficiaries, asset protection, or minimizing estate and income taxes.

One of the key advantages of a trust—particularly a properly funded revocable or irrevocable trust—is that it can allow assets to bypass the probate process. This often means a faster, more private, and potentially less expensive distribution of assets compared to those governed solely by a will.

In the case of irrevocable trusts, assets are typically removed from the grantor’s taxable estate, which may help reduce estate tax liability. However, this comes at the cost of the grantor relinquishing control over those assets.

Trusts may also provide protection from creditors, preserve assets for minors or individuals with special needs, and ensure continuity in asset management if the grantor becomes incapacitated.

These tools are part of estate planning—the process of making legal and financial arrangements in advance to designate who will receive your property after your death, and how that transition will occur. Thoughtful estate planning aims to streamline the administration of your affairs, minimize tax burdens, and reduce stress for your loved ones during an already difficult time.

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