San Jose Estate Planning and Trust Attorneys
Tomorrow’s Peace Starts With Today’s Plan.
In California, a will on its own usually still goes through probate. That can mean a year or more in court, fees set by statute, and a public file anyone can read. We help Bay Area families put trusts and plans in place so the people they love aren’t left to sort it out in court.
Estate planning services in San Jose
Most families come to us for one of these. Many need two or three, and we handle them together.
Living Trusts
A funded living trust lets your successor trustee pass assets to your family without probate. It stays private, and you can change it as life changes.
Living trusts
Wills and Directives
Estate planning often starts with a will. We pair it with powers of attorney, a health care directive and a HIPAA release, and make sure they line up with your trust and retirement accounts.
Wills
Probate
On a $1 million estate, the statutory attorney fee alone is $23,000. If your family is already in probate, we handle the case from the first petition to final distribution.
Probate
Trust Administration
Named as a trustee? California sets deadlines for notices, accountings and distributions. We walk you through each one so the job gets done right.
Trust administration
Special Needs Planning
A loved one who relies on public benefits could lose eligibility after an inheritance. We plan around that so the gift helps instead of hurts.
Special needs planning
Asset Protection
Planning that can help protect what you’ve built from future creditors and lawsuits. It works best when it’s done before a problem shows up.
Asset protection
Advanced Planning
For larger estates and business owners: irrevocable trusts, lifetime gifting and planning that carries across generations.
Advanced planning
Estate Litigation
Will and trust contests, breach of fiduciary duty and undue influence claims, handled by our litigation counsel.
Estate litigation- A will alone does not keep an estate out of probate. A funded living trust can.
- For deaths on or after April 1, 2025, qualifying property valued at $208,850 or less may be eligible for a simplified procedure under California law.
- The personal representative has to petition for final distribution, or report on the case, within one year after letters are issued (18 months if a federal estate tax return is due). Contested estates take longer.
- Probate is a public court record. A living trust keeps the details private.
Sources: Probate Code section 12200, section 10810 (statutory fees), California Courts Self-Help Guide.
How protected is your family right now?
Five questions. You’ll get a quick read on where you stand and what to look at next.
Your plan in three steps
Design Meeting
We sit down with you by Zoom or at our San Jose office. We ask about your family, what you own and what you want to happen, then explain the options that fit.
Your documents
We draft your trust and the documents that go with it under California law. You read them, ask questions, and we revise until they say what you mean.
Signing and funding
You sign, and we show you how to move your home and accounts into the trust. A trust only avoids probate if it’s funded.
Start by listing your assets. Then choose the people you trust to make decisions. Next, decide who should receive what. Bring that list, any existing will or trust, and your questions. When you schedule, our team will tell you what else to have ready.
Plain language. Careful documents. Informed decisions.
Trust Law Legacy Group, APC is a San Jose estate planning and trust law firm. We help Bay Area families with trusts, wills, probate and trust administration. We explain your options in plain language, prepare careful documents, and help you make decisions before and after a loss.
Our clients come from very different situations: young families buying their first home, business owners, families with larger estates, and people worried about lawsuits. No two families get the same plan.
- Focused on estates. Planning, probate, trust administration and estate litigation under one roof.
- A Certified Specialist. Dr. H. Rey Gervacio is a Certified Specialist in Estate Planning, Trust and Probate Law, The State Bar of California Board of Legal Specialization.
- Personal attention. We listen to your situation before we recommend a single document.
- Local office. 100 Century Center Ct. in San Jose, serving Santa Clara, Alameda and San Mateo counties.
- Families with ties abroad. We also help with Philippine inheritance matters, and with Thai business and tax questions.
San Jose, Santa Clara County, Milpitas, Fremont, Sunnyvale, Santa Clara, Cupertino, Campbell, Los Gatos and nearby Bay Area communities.
Estate planning in San Jose, explained
Why an estate plan matters
An estate plan decides who manages your money and health care if you can’t, and who receives what when you pass away. Without one, a California court applies default rules, and your family may spend a year or more in probate. We start with a Design Meeting, and our Design Meeting process for San Jose families walks you through it, to learn what you own and who you want to protect.
What a plan usually includes
Most families leave with a revocable living trust, a pour-over will, financial and health care powers of attorney, and a HIPAA release. If someone already passed away, we handle California probate and trust administration. You can see how past matters went in our case studies.
Homes, trusts and probate
Real estate is the asset that most often sends a Santa Clara County estate to court. A home titled in a funded trust usually passes without probate. If your question involves a deed, a refinance or an inherited house, start with our real estate, trusts and probate page. We also work with families in Santa Clara and Palo Alto.
Not sure where you stand? Try the Family Protection Check.
Meet our San Jose estate planning team
H. Rey Gervacio, Ph.D.
Gerald Smith, Esq.
Dr. Palatchaya (Bennie) J. Denda, Ph.D.
Mildred Fernandez
Reilani Gervacio
Bea Pequierda
What clients say about our firm
“Dr. Rey and his team helped me through the most difficult time of my life. Losing my wife, mother, and brother put me through trivial times but I was guided with compassion through the next steps of honoring their wishes.”
“Our financial advisor recommended we set up a trust before organizing our finances, so we reached out to Dr. Rey and his team at Trust Law Legacy Group. From day one, they were kind, thorough, and easy to work with.”
“It was super convenient to meet with them online during the initial phase, but it was even more of a pleasure meeting the team in person during the signing. Everything went very smoothly as they were well prepared. We were done within an hour!”
“Dr. Rey went beyond our expectations and we feel he covered every aspect, crossing all Ts and dotting all I’s. Everything was fully explained and we feel we can now relax knowing our assets are covered and our beneficiaries will be in a good place.”
“They returned my call within 24 hours and allowed me to explain what I needed without being rushed. They took time to explain things simply where it was easy to understand.”
“We had Dr Rey and team at Trust Law Legacy Group draft our Trust. They spent the time explaining all the different components, answering all of our questions. We were then able to complete our Trust, giving us peace of mind for the future care of our child.”
“He took the time to thoroughly explain the importance of establishing both a trust and a will to safeguard our assets, something we had previously overlooked.”
“We sought to make a trust, they met with us over zoom and it was a very informative experience. We decided to go with them because of their extensive knowledge. We finished signing and setting it all up and I couldn’t recommend them any higher.”
“Had a meeting with Rey about Trust Administration and he broke down very thoroughly laws regarding Trusts and the legally binding duties of Trustees in CA. Extremely informative with no added pressures. He made things very easy for us. Highly recommend!”
“Dr. Rey Gervacio and his team were fantastic, knowledgeable and very professional in establishing our Trust. They are very helpful and explained everything thoroughly.”
“I completed a new trust because of a life event. The location in San Jose was easy to get to and I was very happy with the speed and friendliness of the staff.”
“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.”
Client testimonials describe individual experiences. Every matter is different, and these statements are not a guarantee, warranty, or prediction of the outcome of your case.
San Jose and nearby Bay Area communities
We meet in person at our office or by Zoom.
San Jose
Santana Row
Santa Clara County
Ramona Street, Palo Alto
Milpitas
Milpitas City Hall
Fremont
Mission Peak over Lake Elizabeth
Sunnyvale
Historic Murphy Avenue
Santa Clara
Mission Santa Clara
Cupertino
Cupertino City Center
Campbell
Historic downtown Campbell
Los Gatos
La Cañada BuildingReal estate questions? See refinancing a home in a living trust.
Estate planning articles
What Does Trust Administration Cost in California?
Read the article
Tax Season for Trustees: What to Gather Before You File for a Trust or Estate
Read the article
Prop 19 Parent-Child Transfer: Can Your Kids Inherit Your San Jose Home Without a Property Tax Shock?
Read the article
Did Your Refinance Take Your Home Out of Your Living Trust?
Read the article
Do I Need a Will or a Living Trust in California?
Read the article
What Bob Marley’s Estate Teaches Families About Estate Planning
Read the article
Your Mid-Year Estate Plan Check-Up (California)
Read the article
What Brian Wilson’s Conservatorship Teaches Every California Family
Read the article
Anna Nicole Smith’s California Probate Battle: Estate Planning Lessons for California Families
Read the articleLet’s talk about your family’s plan.
Send us a few details and our office will contact you to set up a time. If you’d rather talk now, call (408) 945-3950.
- Meet with a California estate planning attorney
- Zoom or in person at our San Jose office
- Straight answers about trusts, wills and probate
- Your information stays confidential
California estate planning questions
No. A will tells the court what you want, but the estate still goes through probate. A properly funded living trust lets your successor trustee handle things without going to court.
It depends on what was owned and how it was titled. For deaths on or after April 1, 2025, qualifying property valued at $208,850 or less may be eligible for a simplified procedure under California law. Larger estates, and estates with real estate outside a trust, often go through full probate.
California decides for you. Under Probate Code section 6401, your surviving spouse receives your one-half of the community property. Your separate property is then divided: one-half to your spouse if you leave one child, and one-third if you leave more than one.
Probate is filed in the probate division of the Santa Clara County Superior Court. Probate Code section 12200 requires the personal representative to petition for final distribution, or report on the status of administration, within one year after letters are issued, or within 18 months when a federal estate tax return is required. Contested estates usually run longer.
A revocable trust lets you keep control and make changes during your life. An irrevocable trust is harder to change, but depending on the facts it can offer more asset, tax or creditor protection.
Within 60 days. Probate Code section 16061.7 requires a trustee to serve a notification when a revocable trust becomes irrevocable on the death of a settlor.
It depends on what your family needs. A single homeowner needs a different plan than a blended family with a business. We go over fees with you before any work starts.
Yes. Design Meetings can be held by Zoom or in person at our San Jose office, depending on attorney availability.
Bring a list of your main assets, any existing wills or trusts, and the questions you want answered. When you schedule, our team will tell you what else to have ready.
General information about California law, not legal advice for your situation.
Ready to get your plan in place?
Sit down with a California estate planning attorney and leave knowing what your family needs.
Our San Jose office
We’re in the Century Center, about 10 minutes from Mineta San José International Airport and 15 minutes from downtown.
Monday to Friday, 9:00 AM to 5:00 PM Pacific
Evening and Saturday appointments by request
Closed on major federal holidays
Suite 620, 6th floor, with elevator access. Visitor parking in the building lot. ADA accessible.