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What is a Living Trust and Why Every Brazilian in California Needs One

  • Writer: Drielle Bennett
    Drielle Bennett
  • Apr 8
  • 2 min read

If you are a Brazilian living in California, you've probably heard the word "trust" — but do you really know what it is, how it works, and why it matters so much for your situation as an expat?

What is a Living Trust?

A living trust (or revocable living trust) is a legal document that allows you to transfer the ownership of your assets to a trust while you are still alive — and you remain in control as the trustee. When you pass away or become incapacitated, your assets go directly to your beneficiaries without going through probate — a court process that in California can take 1–2 years, cost 4%–8% of your estate, and is fully public.

Why is Probate a Problem in California?

Probate is the court-supervised process of validating a will and distributing assets. In California, any estate above $329,700, with one real estate exception, is subject to probate. It can take up to 2 years, consume a significant portion of your estate in fees, and every detail becomes public record. A living trust sidesteps this entirely.

Benefits of a Living Trust for Brazilians in California

  • Avoids probate: assets reach your heirs faster and without court costs.

  • Privacy: a trust is not a public document, unlike a will.

  • Cross-border assets: for Brazilians with property in Brazil and the U.S., a trust can be structured for your international situation.

  • Incapacity protection: your successor trustee takes over without court action if you become unable to manage your affairs.

  • Peace of mind: avoids conflict and delays for your family at an already difficult time.

Trust vs. Will: What is the Difference?

Many Brazilians assume a will is enough. In California, a will must go through probate — the very process a trust avoids. A complete estate plan typically includes a living trust, a pour-over will, a durable power of attorney, and a healthcare directive.

What Should You Do Now?

Trust Brasil offers a free first call of up to 30 minutes to understand your situation and explore your options. Attorney Drielle Bennett is licensed in both California and Brazil with over 10 years of experience — and speaks your language.

Don't wait for the wrong moment to plan. Protect your family and your assets today.

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Aviso Legal

O conteúdo apresentado neste site não constitui uma oferta de prestação de serviços fora das jurisdições nas quais a advogada está autorizada a exercer a advocacia. As informações aqui disponibilizadas, incluindo eventuais publicações de blog, têm caráter exclusivamente informativo e não devem ser interpretadas como aconselhamento jurídico. Para a prestação de serviços jurídicos, é sempre necessária uma consulta legal prévia, e um contrato de honorários deve preceder a maioria dos serviços prestados por este escritório. A advogada Drielle Bennett está licenciada para exercer a advocacia no Estado da Califórnia e em Brasília, Brasil.