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When Life’s Storms Strike: A Santa Barbara Trust Lawyer’s Guide to Protecting Your Estate and Insurance Coverage

Santa Barbara trust lawyer

As a Santa Barbara trust lawyer, I’ve seen how storms in life can come in all shapes and sizes—health crises, divorce, or the loss of a loved one. And of course, there are the literal storms: hurricanes, floods, and fires that can damage property and uproot lives. In recent months, you may have seen social media posts claiming that insurance companies won’t pay out a total loss if your home is owned by a trust. While it’s true insurers are more frequently scrutinizing claims, that doesn’t mean your coverage is automatically void.

Understanding the Trust-Insurance Connection

When you place property into a trust, there are a few key steps needed to ensure your homeowner’s policy remains rock-solid. Perhaps the most important is listing your trust as an “additional insured” on your policy. This designation ensures the trust itself—and by extension, the individuals it’s meant to protect—are fully recognized. Skipping this step can open the door for coverage disputes if disaster strikes, so it’s critical to confirm your policy reflects trust ownership.

Common Insurance Pitfalls to Avoid

Many homeowners make the mistake of simply changing the deed to their property without updating their insurance documentation. This disconnect between property ownership and insurance coverage can create serious problems. Another common oversight is failing to notify the insurance company when transferring property to a trust, assuming the coverage will automatically transfer. Always remember: insurance companies can only protect what they know about, so transparency and proper documentation are essential.

Keeping Your Trust Up to Date

As an experienced Santa Barbara trust lawyer, I often see clients assume that once they’ve created a trust, the job is done. But the reality is, trust funding and maintenance should be an ongoing process. Every time you acquire a new asset or change your insurance provider, you’ll want to verify that your trust is accurately listed and maintained on all relevant documents. Think of it like regular home maintenance, such as checking your roof or testing the smoke detectors. These small, routine steps ensure everything is ready when you need it most.

Taking Action Before Crisis Strikes

The best time to review your insurance coverage and trust documentation is before you need it. We recommend an annual review of both your estate plan and insurance policies to ensure they’re working together effectively. This review should include verifying that all property titles, insurance policies, and trust documents align perfectly.

We’re Here to Help

If you have any questions about aligning your trust with insurance policies—or if you just want peace of mind knowing your estate plan is well-prepared for life’s unexpected storms—don’t hesitate to contact our office. We’re here to help you protect what matters most, no matter what kind of storm may come your way.

 

Author Bio

Julianna Malis is the Founder and Managing Partner of Santa Barbara Estate Planning & Elder Law, a Santa Barbara estate planning law firm she founded in 2014. With more than 25 years of experience practicing law, she has dedicated her career to representing clients in a wide range of legal matters, including estate planning, elder law, Medicaid and Medicare planning, probate, and other estate planning areas.

Julianna received her Juris Doctor from the University of the Pacific — McGeorge School of Law and is a member of the California State Bar Association.

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