San Jose Estate Planning Attorneys

Q: What's the difference between a revocable and irrevocable trust?

Revocable trusts allow you to name yourself as the trustee, retaining control over trust assets during your lifetime. You can add or remove beneficiaries and assets at any time. An irrevocable trust requires you to appoint a trustee to manage it, so you cannot make changes, but it provides more protection from taxes and creditors.

Q: Why do I need an estate plan in California?

An estate plan helps control how your assets are managed if you become incapacitated or pass away. Without one, your estate may go through probate and California law will play a larger role in who administers and receives your property.

Q: Which areas does Trust Law Legacy Group serve?

Trust Law Legacy Group serves San Jose, Fremont, Santa Clara County, Alameda County, and California-wide estate planning matters from its primary office at 100 Century Center Ct. Ste. 620, San Jose, CA 95112.

Quick Answer

If you need an estate planning attorney in San Jose, Trust Law Legacy Group, APC helps families create trusts, wills, and probate plans that protect loved ones and reduce court involvement.

Key Takeaways

Estate planning protects your family, home, and decision-making authority before a crisis happens.
A living trust may help California families avoid probate and keep transfers more private.
The firm assists with trusts, wills, probate, trust administration, special needs planning, and asset protection.

Simple Planning Steps

Start by listing your assets. Then choose trusted decision-makers. Next, decide who should receive property. Finally, review the plan with a San Jose estate planning attorney.

Common Questions Answered on This Page

What documents should be included in a California estate plan?
Is a living trust better than a will for San Jose homeowners?
How can families avoid probate in California?
When should an estate plan be updated?

Service area: San Jose, Santa Clara County, Milpitas, Fremont, Sunnyvale, Santa Clara, Cupertino, Campbell, Los Gatos, and nearby Bay Area communities.

Next step: Schedule an initial consultation with Trust Law Legacy Group to discuss the right estate planning strategy for your family.

You might feel secure about your finances while you’re still able to monitor them closely, but that won’t be the case if you become unable to manage decisions or finances or pass away in the future. If you’re unsure how your family will fare when you’re no longer here to provide for them, you need a comprehensive estate plan.

At Trust Law Legacy Group, APC, our experienced estate planning attorneys are knowledgeable about the legal strategies that are available to safeguard your assets so your family can benefit from them for years to come. We believe you deserve to have peace of mind when you think about your family’s future, and we’ll do everything possible to make this happen for you. If you’re ready to talk to caring San Jose estate planning lawyers about your legal options to protect your estate, call our law firm for a consultation.

HOW MAY WE HELP YOU?

Advanced Estate Planning

If your total wealth is higher than average, our lawyers can create an advanced estate plan to protect it.

Asset Protection

Your valuable assets deserve to be protected from creditors and lawsuits. Hire us to learn which legal tactics can help.

Probate

The probate process is complex and takes months, so hire our probate lawyers for legal assistance from start to finish.

Trust

Moving your assets into a trust can protect them from threats, so call our lawyers for help creating the trust you need.

Wills

Estate planning often starts with a will. Our team will help you write one that makes your wishes clear.

Special Needs Planning

A loved one who relies on public benefits could lose eligibility after a generous inheritance, but we can help you plan around this.

Why Do You Need an Estate Plan?

A comprehensive estate plan is meant to make your wishes clear regarding how to handle your assets when you can no longer do it yourself because you are unable to manage decisions or after death. So, if you have assets and loved ones to provide for, it’s recommended that you create an estate plan that addresses how the property within your estate should be distributed after you pass away.

If you don’t have an estate plan in place at the time of your death, you’ll have lost the chance to control what should happen to your assets. This means your estate will enter probate, during which probate court representatives will use the laws set by the state of California to determine who is in charge of estate administration and which family members inherit your belongings. If you prefer to be the only person deciding what happens to your wealth and who should benefit from your years of hard work earning it, call a San Jose estate planning attorney from our firm to make your estate plan as soon as possible.

CLIENT SUCCESS
STORIES

SEE ALL SUCCESS STORIES

Rey is a board certified specialist in Estate Planning, trust, and probate. My parents fear was dealing with probate if something happens to them. Thankful, he was referred by my friend and helped us set up a trust for my parents. He is the best estate planning attorney in the Bay Area.

A certified specialist in estate planning and long-term care, Attorney Rey provided me with excellent advice when I needed long-term care for my mother. Because of his advice, were able to find her the care that she needed. In addition, Attorney Rey has recently provided trust administration and probate advice in a complex matter with an estate worth several million dollars. His expertise in estate planning, including complicated issues, make him an invaluable advisor. Highly recommended.

I was looking for an estate planning attorney in the Bay area as I don’t want to experience what had happened to my friend who went through a tedious process of probate. Rey showed an exemplary knowledge about protecting my assets. He can give you wide variety options about planning your estate. I’m at peace that all I want to happen is now in writing. Also his team are great and friendly. They response to my querries quick and make sure that I understand everything. Thank you Trust Law Legacy Group. I definitely recommend you with my friends and family.

SEE ALL SUCCESS STORIES

How Can San Jose Estate Planning Lawyers Help You Plan for Your Future?

Experienced estate planning attorneys should be knowledgeable about a variety of legal tools to include in your estate plan. Once you’ve communicated your estate planning goals to your attorney, you’ll be presented with a range of legal options that can help you fulfill them. These can include wills, trusts, powers of attorney, and more.

The attorneys at our San Jose law firm have spent years offering quality legal services to clients across California, so we’re adept at determining which estate planning tools would best meet your needs. Whether you simply want to distribute your assets to your heirs and appoint an executor or need to find ways to reduce your estate tax liability, our legal team is here to help.

MEET OUR TEAM

H. REY GERVACIO, PH.D.

Estate Planning Attorney

GERALD SMITH, ESQ.

Of Counsel Litigation Attorney

Dr. Palatchaya (Bennie) J. Denda, Ph.D.

Attorney

ABOUT US

What Should You Look for in an Estate Planning Law Firm?

If you’re ready to start learning about the estate planning tools available to you, it’s essential to meet with a trusted estate planning attorney who has been serving clients across Santa Clara County for years. You deserve to work with a team that has successfully created numerous estate plans for clients with a wide range of needs, from asset protection to business succession planning. This type of experience can give you peace of mind that your lawyer can handle your legal needs regardless of their complexity.

You should also look for a law firm that’s known for providing consultations, a compassionate attitude, and personalized attention to clients in search of custom estate plans. Trust Law Legacy Group, APC offers all this and more, so contact our San Jose law offices today to schedule your first meeting with our helpful team.

WHY CHOOSE US?

Legal Focus on Estate Issues

Our legal services revolve around helping clients protect their estates in a variety of ways. Whether you want help developing and improving your estate plan, need guidance through the probate process, or require our estate litigation skills, we’ll be happy to assist you.

Decades of Legal Experience

We’ve been serving clients throughout California for several years, so we’ve had a chance to resolve nearly every possible legal problem involving estates. From determining the right tools for an estate plan to litigating on behalf of beneficiaries, we can do it all.

Initial Evaluation

When you call our San Jose Law Firm, you’ll have a chance to speak with our knowledgable team to help determine if our legal services meet your needs.

Two Convenient California Locations

With law office in San Jose, we can offer legal guidance to countless clients in and around Santa Clara County, Alameda County, and San Mateo County. This means you don’t have to travel far to develop the estate plan you deserve in order to protect your family.

Legal Options for a Wide Range of Clients

Everyone deserves an estate plan that addresses their concerns, which is why we’re proud to say our clients are diverse when it comes to their current situation. We regularly create estate plans for business owners, families with high-value estates, and clients at high risk of bankruptcy or lawsuits that could threaten their estate.

Personal Attention for Your Case

We realize no two clients are the same, so they shouldn’t end up with the same standard estate plan. We’re dedicated to carefully listening to each client’s specific needs before recommending and developing wills, trusts, and other documents regarding their estate.

How Should You Prepare for Your Consultation at Our San Jose Law Offices?

Once you schedule your initial consultation with our skillful attorneys, we recommend you prepare for the meeting by thinking about what you hope to achieve with your estate plan. Consider your top concerns, such as ensuring your family is financially provided for, avoiding probate, seamlessly transferring business ownership, or reducing estate taxes. Knowing this information will help us craft a personalized estate plan that meets your needs.

We also advise you to consider which loved ones you want to include in your estate plan. Think about who you want to leave your assets to, who should be in charge of will or trust administration, and who should be the guardians of your children when you pass away. Making a note of these details will streamline the estate planning process, as will writing down any questions you have for our team so we can provide the guidance you need from the start of your case.

OUR LATEST BLOG POSTS

May 8, 2026

Jimmy Buffett Trust Dispute: 7 Critical Lessons for California Families Facing Estate Conflicts

April 28, 2026

What Lisa Marie Presley’s California Trust Dispute Teaches Families About Avoiding Probate and Trust Litigation

April 2, 2026

“Till Death Do Us Part”… But What Happens After That?

March 25, 2026

Why Estate Planning Is More Affordable Than Going Through Probate?

March 18, 2026

How to Avoid Probate in California: A Simple Guide for Families

February 3, 2026

How Long Does Trust Administration Take in California?

READ ALL BLOGS

Call Trust Law Legacy Group, APC for Legal Assistance

If you want to hire caring attorneys who can develop an estate plan to give you peace of mind when you think about your family’s future, contact Trust Law Legacy Group, APC. We’d be happy to guide you through the entire process of setting up a trust, will, advance directive, or any other estate planning tool that will benefit you and your family. Call 408-945-3950 today to schedule your initial consultation with our knowledgeable lawyers.

FREQUENTLY ASKED
QUESTIONS

What are my duties as the executor of my loved one’s will?

If a close friend or family member appointed you as their executor before their death, you’re in charge of locating their estate planning documents. In most cases, the estate will have to go through the probate process, which you will need to initiate and notify interested parties about. During this process, it’s up to you to pay the estate’s debts, identify the beneficiaries, and distribute the assets according to your loved one’s instructions. A skilled probate attorney can assist with this legal process if you’re not sure how to complete it on your own.

Do I need to seek advanced estate planning services?

While some families can benefit from a standard estate plan, others need an advanced plan that focuses on reducing tax liability when transferring property to the beneficiaries. In most cases, an advanced estate plan is recommended for families with high-value estates, business owners, and anyone concerned about losing a large portion of their wealth to taxes, creditors, and other possible threats. A skilled estate planning lawyer serving Santa Clara, Alameda, and San Mateo Counties can let you know what kind of estate plan you need to protect your family and your valuable assets.

What should I know about the probate process in California?

Probate in California typically takes 9 to 18 months and costs 4-7% of the estate’s value in fees. The process involves filing the will with Santa Clara County Superior Court, notifying heirs and creditors, paying debts, and distributing assets under court supervision.u003cbru003eEstates valued under $184,500 may qualify for simplified probate under California Probate Code §13100. For larger estates, formal probate is required, which involves multiple court hearings over 12-24 months.u003cbru003eMost San Jose families avoid probate entirely by setting up a living trust. Our estate planning attorneys can help you decide which option fits your situation. Call (408) 945-3950 for a free consultation

How can my estate plan protect a loved one who relies on public benefits?

You never stop worrying about your children, even when they grow up. This is especially important when a loved one relies on certain government programs for healthcare and other necessities. If you’re worried about their net worth exceeding the maximum amount for such programs when they get their inheritance, contact us for guidance on the legal tools to help with this. We have in-depth knowledge of special needs planning options, including trusts that let you provide for your loved one who relies on public benefits without affecting their access to public benefits.

What are some asset protection strategies?

If you’re worried about your property being seized by creditors or lawsuits, you may be interested in including some asset protection options in your estate plan. These can vary depending on the threats you’re most worried about and the valuables you need to protect. In general, they range from irrevocable trusts and LLCs to insurance policies and unique gifting strategies. A skilled attorney can develop the asset protection plan that best meets your needs, so call our law offices in San Jose, CA.

What’s the purpose of a will?

Wills are among the most common tools to include in estate plans, as these documents make it easy to specify how to handle the assets within an estate. For example, you can use a will to identify who you want to inherit your property when you pass away. Your will can also name the person you want to act as the executor of your estate, as well as appoint a trusted guardian for your children under age 18 or pets. For most families, knowing these details is important to avoid disputes, so make sure you have a valid will in place as soon as possible.

What happens if I pass away without an estate plan?

Having an estate plan customized to your specific needs allows you to have some control of your estate, since you can determine who gets which asset and when. Without a comprehensive estate plan, control of your estate passes to the state of California, which does not consider your preferences when distributing your property. In most cases, your spouse and children will inherit your property if you don’t have a will or trust to say otherwise. If you’re not married or do not have a child, your property will be distributed among your parents, siblings, and other relatives. If you don’t want this result, developing an estate plan should be a priority.

What’s the difference between a revocable and irrevocable trust?

Revocable trusts are popular because they allow you to name yourself as the trustee, which means you retain control over the trust assets during your lifetime. As a result, you can add or remove beneficiaries and assets at any time. By contrast, an irrevocable trust requires you to appoint a trustee to manage it so you cannot make changes. However, this type of trust provides more protection from taxes and creditors. A skilled legal professional can help you decide which type of trust is suitable for you, so call us today.

How can I request for a consultation?

One of our client specialists will contact you for an initial phone interview to see if our law firm is able to help in your situation. After this interview, you will receive an online questionnaire to complete. After we receive your filled out questionnaire, you will then be scheduled your initial consultation appointment with one of our attorneys.

Is there a charge for the consultation?

We offer a complimentary 30–60 minute Zoom Design Meeting with our Estate Plan Design Team, where we provide a high-level overview of California estate planning, explain key tools like trusts and wills, and begin designing a plan tailored to your goals and family dynamics.

Are the consultations online or in office?

Our consultations can be done either via Zoom Meeting or in person. It depends on the availability of our attorneys.

What should I do to prepare for the consultation?

Write down all the questions that you would like to ask to our attorneys, as you will be given an opportunity to ask the questions during the consultation. Our attorneys will be asking you questions regarding your family situation, your wishes, goals, concerns, and how do you want your plan to work.

If I decide to retain your services, how much are the legal fees for my case?

The fees charged after the initial consultation will depend on the nature, complexity, and extent of the services to be provided; this will be determined on a case-by-case basis. The attorney conducting the consultation will provide estimated fee for the necessary work that is required; but only after a full review of your case and a clear understanding of how you would like to proceed moving forward.

Direct Answers · Local Relevance

Direct answers and local relevance for search and AI discovery

Trust Law Legacy Group serves families across San Jose, Fremont, Santa Clara County, Alameda County, and California with estate planning, probate, trusts, trust administration, wills, asset protection, and special needs planning. This section gives direct answers to common search and AI-overview questions about California estate planning.

Who this page serves

Families, homeowners, business owners, trustees, and beneficiaries searching for a San Jose estate planning lawyer, probate lawyer, trust attorney, or asset protection guidance in California.

Primary service intent

Estate planning and advanced estate planning
Trust creation and trust administration
Probate and probate avoidance strategy
Wills, asset protection, and special needs planning

Geographic targeting

San Jose and Fremont primary offices, with county-level service for Santa Clara County and Alameda County, plus California-wide estate planning representation. The office is at 100 Century Center Ct. Ste. 620, San Jose, CA 95112.

Best matching search intents

San Jose estate planning lawyer
Trust attorney in San Jose
Probate lawyer near Santa Clara County
Fremont trust and wills attorney
California asset protection lawyer

What AI answers can extract here

This page gives direct answers around probate, trusts, wills, the consultation process, service areas, and the difference between revocable and irrevocable trusts, so AI overviews and answer engines can quote or summarize clearer statements about California estate planning.

Local entity signals

Trust Law Legacy Group, APC is tied to the San Jose office, the (408) 945-3950 phone number, and named California service areas so the homepage reads clearly as a local legal service entity for both search engines and AI assistants.

Additional answers for California estate planning

Why do I need an estate plan in California?

An estate plan helps you decide how assets will be handled if you become incapacitated or pass away. Without one, your estate may enter probate and default California rules will have greater control over the administration process.

What does a San Jose estate planning lawyer help with?

A San Jose estate planning lawyer helps with trusts, wills, powers of attorney, probate guidance, trust administration, special needs planning, and asset protection strategies tailored to your estate goals.

Which areas does Trust Law Legacy Group serve?

The firm serves San Jose, Fremont, Santa Clara County, Alameda County, and California-wide estate planning matters, with the primary office at 100 Century Center Ct. Ste. 620, San Jose, CA 95112.

How should I prepare for an estate planning consultation?

Prepare by listing your assets, beneficiaries, family concerns, probate questions, trust goals, and any business or tax issues that may affect how your estate plan should be structured.

What is the difference between a revocable and irrevocable trust?

A revocable trust usually gives the creator more control and flexibility during life. An irrevocable trust generally provides less flexibility but can offer stronger asset, tax, or creditor protection depending on the facts.

Is the consultation free and can it be online?

Yes — Trust Law Legacy Group offers a complimentary 30 to 60 minute Zoom Design Meeting. Consultations may be conducted either online or in person, based on attorney availability.