Your Family Deserves Clarity, Not Chaos: The Real Importance of a Living Trust and Estate Planning

Why Preparing Your Estate Plan Now Prevents Stress, Conflict, and Costly Mistakes Later

Most families do not realize their entire future can change with one unexpected moment, until it does! Along our life path, we learn that circumstances can shift in a single moment. Nothing can shake a family harder than discovering, in the middle of an unexpected crisis, that the documents they thought existed, don’t. One of the greatest gifts you can give yourself and your loved ones is peace of mind – knowing that your affairs are in order, your wishes are made clear, and your loved ones are protected. One way of doing this is having a living trust in place with an estate plan guiding your family what your wishes are if you were to have an unexpected accident, fall ill, or pass away unexpectedly. 

As a mobile notary for over two decades that has spent years sitting across the table from families at all stages in life, I’ve seen both sides of that moment, the peace that comes from being prepared and the gut-wrenching heartache that comes from waiting too long. Time and time again during real estate transactions, I review the vesting on a deed of trust and see families still aren’t protected by a trust; having 3 kids under the age of 18, owning multiple properties, or a spouse that is in the military and travels most of the year. Excuse after excuse comes up preventing the family from moving forward on something so important. In this life, we don’t get to schedule emergencies, but we do get to prepare for them. I find in most cases that there isn’t enough education around the topic for the public or families don’t understand the importance of having a living trust in place. Unfortunately, most people don’t think about estate planning until life gives them a reason to – an illness, accident, or the loss of a loved one. In addition, estate planning comes with more myths or misconceptions than most people realize, and shedding light on them is the first step in helping families understand why they need to act now, not at a crisis point. 

The Myths That Hold People Back 1. Myth #1: “I’m way too young for an estate plan.” Truth: Estate planning isn’t about age — it’s about preparedness. Even young adults benefit from having healthcare directives and financial powers of attorney in place. 2. Myth #2: “I don’t have enough assets to need a trust.”  Truth: A trust isn’t just for the wealthy. It’s for anyone who wants to make things easier for their loved ones and avoid probate, which can be lengthy and costly. 3. Myth #3: “My spouse can automatically make decisions for me.” Truth: Without legal documentation, your spouse may have limited authority to make any type of healthcare or financial decisions on your behalf. 4. Myth #4: “A Will avoids probate.” Truth: A will must go through probate. A Living Trust, on the other hand, bypasses that process. 5. Myth #5: “Once I create a trust, I’m set for life.” Truth: Life changes — your estate plan should evolve with it. Whether it be marriage, divorce, new property, or children, these are all reasons to update your plan. 6. Myth #6: “It’s too expensive to set up a trust.” Truth: The cost of not having one is often much higher — probate fees, court costs, and stress for your loved ones can far outweigh the initial setup cost. 7. Myth #7: “I can just tell my family what I want.” Truth: Verbal instructions aren’t legally binding. A written, notarized document ensures your wishes are followed. 8. Myth #8: “Only homeowners need a trust.”

Truth: Even if you rent, your personal property, bank accounts, and life insurance still need to be distributed properly. 9. Myth #9: “I already have a will, so I’m covered.” Truth: A will is just one part of an estate plan. It doesn’t address medical decisions, incapacity, or financial management during your lifetime.

10. Myth #10: “Estate planning is depressing.”

Truth: Estate planning is empowering. It’s not about death — it’s about protecting life, love, and legacy.

Since 2023, through San Diego Notary Signing Agent, I’ve been helping individuals and families navigate the process of getting their documents in order by providing estate planning facilitation services. Estate planning isn’t just about the wealthy or the elderly — it’s about making sure your family has the guidance, structure, and protection they need, no matter what tomorrow brings. It’s for anyone who wants to make things easier for their family and to ensure their voice is heard when they can no longer speak for themselves. There is certainly a quiet kind of relief that comes when you know everything is taken care of – when your wishes are in writing, your loved ones are protected and there is absolutely no question about what will happen next. Let’s explore what is involved with an estate plan or having a living trust in place so you can have peace of mind for your future. 

Estate Plan vs. Living Trust — What’s the Real Difference? 

Here’s a simple breakdown: Estate Plan: 

• A comprehensive plan that outlines how your assets, healthcare, and final wishes will be handled during your life and after your passing.

• Includes several key legal documents such as a will, trust, power of attorney, and healthcare directive. 

• Addresses not only “who gets what,” but also who makes decisions for you if you become unable or incapacitated to do so on your own. 

Living Trust:  

• A legal entity that holds your assets (such as your home, investments, and bank accounts) during your lifetime.

• Allows for the smooth transfer of those assets to your beneficiaries without the delays, added expenses, and public and long process through probate. 

• You remain in full control of your assets while you’re alive and can modify or revoke the trust at any time. 

Together an estate plan and living trust make sure your loved ones aren’t left guessing, arguing, or struggling to figure out what you wanted. Instead, they have a clear plan to follow — one that reflects your values and wishes set in writing. It also prevents unneeded stress and feelings of overwhelm when you take the necessary steps to act now and not later. Kristen, owner of San Diego Notary Signing Agent, provides convenient mobile notary services within her local community and more specifically, in the senior community whether it be at retirement communities, assisted living spaces, and hospitals all throughout San Diego County. 

On many occasions, I meet families who have waited until their loved one has already started showing signs of dementia or Alzheimer’s before trying to create an estate plan. By then, it’s often too late as the loved one has lost the capacity to understand or sign documents. Without the ability to be aware and alert, they can no longer legally make those decisions for themselves. That’s when families find themselves in court, applying for conservatorships — a process that’s not only expensive and time-consuming but emotionally draining. More important than ever, is to best plan when you’re not in crisis mode — it’s while you’re healthy and clear-headed. That’s when you have control and can make thoughtful choices. The best part about not waiting and taking action is having peace of mind knowing your family won’t have to guess what you would have wanted. The right time is always now and not when you think you will “get around to do it”. 

Since my first commission back in 2002, my work as a mobile notary has shown me how much peace of mind the right documents can bring. More than ever, I feel called to guide individuals and families towards clarity, protection, and a sense of security through a trusted legal plan provider, AmeriEstate Legal Plan, Inc., a company that has been helping families protect their assets and legacies for more than 25 years across multiple states (CA, AZ, TX, TN, MD and VA) and partnerships with locally, trusted estate planning attorneys to navigate the process of creating a plan that works for you. Offering estate plan facilitation as a specialty service by San Diego Notary Signing Agent, it’s my mission to educate, empower and make estate planning accessible for everyone. 

I’ve had the privilege of helping people all over San Diego County — from Pacific Beach to La Jolla, Ocean Beach, Mission Beach, and beyond. I’ve sat with families who just lost a loved one, couples planning for their first home, and parents getting ready to send their children to college. In each situation, the emotion is the same — people want peace of mind. They want to know that they’ve done everything possible to protect their families and that their wishes will be honored. This is truly the driving factor for me and why I love what I do hence, my motto, “Love what you do, Notary is what I do!” Estate planning is so much more than documents — it’s about caring for the people who matter most, even when you’re no longer here to do it yourself. 

Through this partnership, I’m able to connect individuals and families with the resources and professionals they need to create a comprehensive plan from start to finish — from education and preparation to notarization and peace of mind. It’s been a gamechanger referring families to AmeriEstate because their mission aligns perfectly with mine: to make estate planning understandable, accessible, and empowering for everyday families. In addition, having local, trusted attorney partners who specialize in estate planning for clients that prefer more hands-on, in-person local needs, is another opportunity to serve the general public. 

If there’s one last final thought I’d like to share is that it’s never too early to put your plan in place – but waiting can make it too late to protect the people that you love. At the heart of every estate plan is love. Start now, while you have the clarity and choice, and give yourself and your family the peace of mind you all deserve. If you’ve been putting this off, I encourage you to take the first step today; schedule a complimentary consultation so you can understand your options and what is most important to you to protect your assets and legacy. 

Reach out to Kristen to be the connector of the dots so you don’t feel lost or unprepared during life’s most difficult moments. If you are ready to take the next step whether you own real estate, want to protect your assets, or simply want to ensure your loved ones are protected, San Diego Notary Signing Agent is here to guide you in the right direction with trusted connections with professionals who make estate planning simple, understandable, and affordable. 

We look forward to hearing from you as this is 'the best gift' you could ever give your family or your loved ones.

📞 Let’s start the conversation today. Together, we can bring you and your family the peace of mind you deserve.

Kristen Weiss

Notary Since 2002

NNA Ambassador®

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