Signs It’s Time to Consult a Trusts Lawyer

By Michael Hackard

There comes a point in nearly every adult’s life when the responsibilities of today and the uncertainties of tomorrow meet face-to-face. For some, it happens at the birth of a child. For others, it’s triggered by illness, divorce, business success or failure. Sometimes, it’s the death of a loved one that opens our eyes to how unprepared we are to protect the people and the things we care about.

And in these moments, there’s a question we don’t always know how to answer: “Is it time to call a trusts lawyer?”

For over four decades, I’ve worked with families across California and beyond some preparing thoughtfully for the future, others scrambling in the wake of a crisis. In all cases, one truth rises to the surface: waiting too long to get professional legal guidance comes at a cost.

Trusts lawyers do more than draft legal documents. We create roadmaps. We protect family legacies. We help people navigate the legal system with confidence and compassion.

So how do you know it’s time to pick up the phone?

Let’s look at the most common and critical signs that it’s time to consult a trusts lawyer.

1. You Own a Home or Real Estate

If you own a home especially in California, where property values are high you’ve already crossed a threshold that makes estate planning essential.

Without a trust, your property may go through probate upon your death. Probate is a court-supervised process that’s expensive, public, and slow. In California, statutory fees for probate can consume a sizable chunk of your estate often 4% to 7% of its gross value.

A properly drafted and funded revocable living trust allows your property to pass to your heirs without court interference, saving time, money, and stress.

If you own real estate, even modestly valued, it’s time to speak with a trusts lawyer.

Further Reading:
For valuable insight into common misunderstandings about trusts and estate planning, see Hackard Law’s latest blog post, “Common Legal Myths About Working with a Trusts Lawyer”. It debunks widespread misconceptions like trusts being only for the wealthy or that wills alone are sufficient and reinforces why working with a qualified legal professional matter.

2. You’ve Had a Major Life Change

Marriage. Divorce. The birth of a child. A new job. Retirement. Buying a business. Losing a loved one.

These milestones change more than just your day-to-day, they change your legal responsibilities and financial vulnerabilities. They also affect who you want to inherit your assets, manage your affairs, or speak on your behalf if you become incapacitated.

Yet many people never update their legal documents. Wills and trusts that once made sense are left untouched for years, even decades, until it’s too late.

A trusts lawyer can review your current plan (or help you create one from scratch) to reflect your new circumstances.

3. You Have Children- Especially Minors

One of the most important responsibilities a parent has is ensuring that their children are cared for in the event of an untimely death or disability. This means more than just naming a guardian in your will, it means creating a trust that manages your children’s inheritance wisely.

Children cannot legally own property. If you die without a trust, a court-appointed guardian may control your child’s inheritance until they reach 18. Then, by law, they may receive the full amount no matter how large without restriction.

Most parents agree: 18 is too young to inherit significant money outright.

A trusts lawyer can help you:

• Set conditions for distributions
• Name a trusted person to manage funds
• Provide for education, health, and basic needs
• Protect assets from mismanagement or outside influence

If you have children and don’t yet have a trust in place, the time to act is now.

4. You’re Concerned About a Family Member’s Future

Families are complex. You may have a child struggling with addiction, a sibling facing a divorce, or a grandchild with special needs. These are deeply personal situations, and they require careful legal planning.

A trusts lawyer can help you:

• Protect inheritances from creditors or lawsuits
• Establish a special needs trust to preserve benefits
• Shield assets from ex-spouses
• Prevent impulsive spending by limiting access
• Appoint trustees who will act responsibly

Without proper planning, your well-meaning inheritance could become a burden or even a source of harm.

5. You Want to Avoid Probate

Probate is not only expensive it’s invasive and slow. It can take 12 to 24 months or longer in California courts. During this time, your heirs may face delays, disputes, and the added pain of legal uncertainty.

A trust avoids this entirely. Assets placed in a properly drafted and funded trust pass to your beneficiaries privately and efficiently.

If avoiding court involvement in your family’s affairs is a priority, a trusts lawyer can make that happen.

6. You’ve Started a Business

Business ownership introduces a new layer of complexity into your estate. What happens to the business when you die? Who controls the operations? How is it valued? Do you want it sold, passed down, or managed by a partner?

Without answers to these questions, your family may face confusion, conflict, or financial losses.

A trusts lawyer can help you:

• Include your business in your estate plan
• Design a succession plan
• Coordinate with buy-sell agreements
• Address tax consequences and liquidity

Business succession is often overlooked until it’s too late. Don’t let your hard work go to waste because of poor planning.

7. You’re Thinking About Long-Term Care

As we age, the need for long-term care becomes more than a possibility, it becomes a probability. Nursing home care is expensive, often exceeding $100,000 per year.

A trusts lawyer can help you:

• Explore options for Medicaid or VA benefits
• Protect assets through irrevocable trusts
• Appoint a power of attorney or health care agent
• Avoid court-appointed conservatorship

Planning ahead can mean the difference between receiving quality care and draining your life savings.

8. You Have an Outdated Will or Trust

Estate planning is not a one-and-done task. Laws change. Your family changes. Your finances change.

Even if you already have a trust, it’s wise to review it every 3 to 5 years or whenever a major life event occurs.

Common issues with outdated plans include:

• Naming deceased or estranged beneficiaries
• Failing to account for new grandchildren
• Holding assets no longer in your name
• Overlooking tax law changes

A trusts lawyer can spot problems before they create conflict and ensure your plan still reflects your wishes.

9. You’re Facing Conflict Among Family Members

Few things reveal underlying family tension like inheritance. If you anticipate arguments, resentment, or jealousy among your heirs, it’s vital to work with a trusts lawyer who can anticipate disputes and draft your plan with clarity and enforceability.

An experienced trusts lawyer can:

• Add no-contest clauses
• Design neutral trust structures
• Use clear language to prevent misinterpretation
• Prepare trustee guidance documents
• Advise you on documenting your intentions

A well-designed trust can preserve peace and prevent future litigation.

10. You Simply Want Clarity and Confidence

Sometimes, the best reason to meet with a trusts lawyer is peace of mind. If you’re unsure whether your plan is solid or whether you have one at all, it’s better to get answers now than to leave your family guessing later.

You don’t need to wait for a crisis. In fact, the best time to act is before anything goes wrong.

A good trusts lawyer doesn’t just react to problems. We prevent them. We help you identify risks, articulate your goals, and craft a plan that works in real life not just on paper.

Why People Delay and Why They Shouldn’t

You might be reading this and thinking, “Yes, I should probably do this someday.” But too often, someday becomes never and families are left scrambling in the aftermath.

Here’s why people delay and why those delays can be dangerous:

• Cost concerns: The cost of planning is modest compared to the cost of court, taxes, or family conflict.
• Fear of complexity: A good trusts lawyer will simplify the process and guide you step by step.
• Avoidance of tough topics: Planning for death or incapacity is difficult but far kinder than forcing your family to navigate legal chaos without your guidance.
• Belief that it’s too early: If you own anything or care for anyone, it’s never too early to plan.

Estate planning isn’t about dying. It’s about living with confidence knowing that your family, your wishes, and your legacy are protected.

What to Expect When You Meet with a Trusts Lawyer

A consultation with a trusts lawyer doesn’t have to be intimidating. At Hackard Law, our goal is to listen first to understand your concerns, your goals, and your unique family dynamics.

From there, we help you:

1. Inventory your assets.
2. Identify key decision-makers (trustees, guardians, agents).
3. Design a trust tailored to your needs.
4. Draft supporting documents (wills, powers of attorney, health directives).
5. Fund your trust by retitling assets.
6. Review and update as your life evolves.

We’re here not just to write documents but to build a relationship. One that supports you now and your family when they need it most.

Planning Today to Avoid Regret Tomorrow

Over the decades, I’ve come to see estate planning not just as a legal service but as an act of love. It’s not merely about drafting documents. It’s about taking responsibility. It’s about stepping into the future, eyes open, and making choices now that will spare your loved ones from confusion, conflict, or financial loss later.

Far too many families come to us after something has gone wrong, after a parent has passed without a clear trust, after siblings fall into conflict over a vague will, or after a well-meaning plan unravels due to poor legal advice or a lack of proper funding. These cases are hard. Not because the law doesn’t provide tools to fix problems, but because the emotional toll of fixing something that could’ve been prevented is often far heavier than the legal one.

That’s why I encourage people to treat the decision to work with a trusts lawyer not as a reaction to a crisis, but as a proactive investment in their legacy. A good trusts lawyer doesn’t just look at what you have, they help you see what could go wrong, what could be protected, and how your wishes can be preserved clearly, respectfully, and legally.

There’s no shame in not having all the answers. But there’s power in asking the right questions and in choosing a professional who will walk the path with you, answer with candor, and offer legal clarity rooted in compassion.

When families plan ahead, they aren’t just protecting wealth. They’re protecting relationships. They’re preserving trust. And they’re writing a chapter in their family’s story that doesn’t end in a courtroom, but begins with understanding, structure, and security.

The Legacy of Clarity

Every family has its own rhythm, its own history of triumphs, setbacks, traditions, and tensions. Estate planning doesn’t erase those dynamics, but it can help guide them. A thoughtfully prepared trust can be the difference between a family that carries on in unity and one that fractures under pressure. When the inevitable happens, your trust becomes your voice. And that voice should be clear.

Clarity isn’t achieved by accident. It’s the product of experience, of careful listening, of a lawyer who understands that legal documents are more than paper, they’re promises. Promises to children, to spouses, to charities, and to causes that matter deeply to you. A well-drafted trust anticipates confusion and eliminates it. It foresees family disputes and preempts them. It delivers not just direction, but relief.

That’s the peace a good trusts lawyer provides. Not just legal compliance, but emotional relief for you and for those you leave behind. We don’t just prepare for your absence; we protect your presence in the legacy you leave behind.

When you take the time to plan with purpose and precision, you’re not only transferring assets. You’re passing on values, wisdom, and a roadmap that will carry your family forward with confidence.

Don’t Wait for a Crisis

Recognizing the signs that it’s time to consult a trusts lawyer isn’t always easy. Life moves fast. The legal system moves slowly. And too many families learn the importance of proper planning only when it’s too late.

But it doesn’t have to be that way.

Whether you’ve experienced a life change, started a business, welcomed a child, or simply want clarity, now is the time to act. Planning ahead isn’t just about protecting assets, it’s about protecting people. The people you love. The values you hold dear. The future you hope to build.

Don’t wait for a crisis to push you into action. A trusts lawyer can help you create a plan that brings clarity today and peace of mind for generations.

Michael Hackard is the founding attorney of Hackard Law, a nationally recognized estate, trust, and elder abuse litigation firm based in California. With more than 40 years of legal experience, he helps families safeguard their legacies through compassionate counsel and strategic planning.

Have questions or ready to create your estate plan? Contact Hackard Law, we’re here to help you protect what matters most.