Q: I have purchased the NOLO press app for doing your own trust but friends are telling me that it may not be accepted i

A: Dear Mr. Hughes, it's hard to tell if the do-it-yourself trust generated by NOLO press app would be accepted in California or if it would fully meet your estate planning needs without having it completely reviewed by a California estate planning attorney. I suggest reaching out to a local California estate planning attorney to request his/her legal assistance with this trust's review. However, please keep in mind that California estate planning attorneys charge an average of $400/hour to review the trusts created by third-parties due to which it might make more sense to have an estate planning attorney create for the same fee a new/restated trust-based estate plan for you.

A: The devil is in the details with the Nolo software as well as other self-help software. One very common problem that I see is the proper funding of the trust. Once the trust document is prepared, all assets need to be properly funded into the trust. Nolo and other self-help software programs do not assist with the actual funding of the trust. For example, the most common asset to fund into a revocable living trust is your family home. One good reason to fund your home into the trust is to avoid the probate process. To properly fund your home into the trust, a Trust Transfer Deed needs to be prepared, notarized, and then recorded at the county recorder's office in the county where you reside. While Nolo can be helpful to prepare the most simple of trusts, it provides little or no guidance on how to properly transfer the property into the trust. In addition, every family has special circumstances that should be addressed in the trust document. Some of these special circumstances are flushed out while consulting with an experienced estate planning attorney through a proper interview process. This cannot be accomplished with self-help software.