Trusts and Estates Attorney in Walnut Creek, CA | Matthew W. Harris, Esq., LLM

Most people put off estate planning because it feels overwhelming, expensive, or morbid. Here’s the thing though: doing nothing is far more costly. Without a proper trust or estate plan in place, your family could face a lengthy and public California probate process, unnecessary taxes, and real disagreements over who gets what. You can avoid all of that with the right legal plan in place.
Matthew W. Harris, Esq., LLM is a Walnut Creek-based estate planning attorney who focuses exclusively on trusts and estates for individuals, families, and business owners throughout Contra Costa County. With an LLM (Master of Laws) in addition to a standard J.D., Matthew brings advanced training in estate and tax law that most attorneys simply don’t have. That means sharper documents, fewer gaps, and a plan built to actually hold up.
Whether you’re a first-time planner in Lafayette, a retiree in Danville, a business owner in Pleasant Hill, or a parent in Concord making sure your kids are taken care of, this office serves clients across the Walnut Creek area with real, personal attention.

What Are Trusts and Estates, and Why Do You Need One?

A trust is a legal arrangement where you transfer ownership of your assets to a trust that you control during your lifetime. When you pass away, those assets pass directly to your chosen beneficiaries, without going through California’s probate court.
An estate plan, broadly speaking, includes your trust or will, powers of attorney, healthcare directives, beneficiary designations, and any other legal documents that say who gets your property, who makes decisions if you can’t, and who raises your kids if something happens to you.
Here’s what most people don’t realize: California’s probate process is one of the most expensive in the country. Probate attorney and executor fees are set by statute, based on a percentage of your gross estate. A $1 million estate could easily generate $46,000 or more in mandatory fees alone, not counting court costs and the time delay of 12 to 24 months. A properly funded living trust avoids probate entirely.

Why Choose Matthew W. Harris, Esq., LLM?

Advanced credentials matter. Most estate planning attorneys have a J.D. Matthew also holds an LLM, a graduate-level law degree focused on tax and estate law. This is directly relevant when structuring trusts for tax efficiency, planning around the federal estate tax exemption, or advising business owners on succession.

You get real personal attention. This is a boutique practice. You’re not handed off to a paralegal or a junior associate. Matthew works with you directly, learns your situation, and drafts documents specific to your family, not templates with your name plugged in.

California law is different. Community property rules, Prop 19 implications for inherited real estate, Medi-Cal planning rules, and the California probate fee structure all require a California-specific approach. Matthew practices exclusively in California and knows how the local courts in Contra Costa County operate.

Confidentiality is protected. Everything you share in your consultations is protected by attorney-client privilege. You can be completely open about your assets, your family dynamics, and your wishes without any concern about that information going anywhere.

From years serving Walnut Creek and Contra Costa County families. [Customize with actual figure]

Member in good standing, State Bar of California. [Add CCCBA or ACTEC membership if applicable]

Services Offered: Trusts and Estates in Walnut Creek

Revocable Living Trusts

A revocable living trust is the foundation of most solid estate plans in California. You create it now, you control it during your lifetime, and you can change it anytime. When you pass away, your successor trustee steps in to distribute your assets privately and quickly, with no court involvement.

This is especially important in Walnut Creek and the surrounding area, where real estate values are high. A home worth $800,000 or more that goes through California probate will generate significant court fees. Holding that property in a revocable trust avoids probate entirely and protects your family from that process.

Irrevocable Trusts

Irrevocable trusts are used when you need to accomplish something beyond simple asset transfer. These include:

Irrevocable Life Insurance Trusts (ILITs): Keep life insurance proceeds out of your taxable estate so your heirs aren’t hit with estate taxes on the payout.

Charitable Remainder Trusts (CRTs): Provide income during your lifetime and leave a legacy gift to a charity you care about, with real tax benefits along the way.

Qualified Personal Residence Trusts (QPRTs): Transfer your home to your heirs at a reduced gift tax value while you continue living in it for a set period.

Special Needs Trusts: If you have a family member with a disability, a special needs trust protects their inheritance without disqualifying them from government benefits like Medi-Cal or SSI.

Wills and Pour-Over Wills

Even if you have a living trust, you still need a will. A pour-over will acts as a safety net, directing any assets you forgot to transfer into your trust. Without it, those assets could get stuck in probate. Matthew drafts both documents together so nothing falls through the cracks.

Powers of Attorney and Healthcare Directives

What happens if you’re in a car accident and can’t make financial decisions or medical decisions for yourself? Without a durable power of attorney and advance healthcare directive in place, your family may need to go to court to get that authority. That’s slow, expensive, and stressful.

These documents name someone you trust to step in and act on your behalf right away. They’re not just for older people. Every adult over 18 should have them.

Trust Administration

When a loved one passes away and leaves behind a trust, the named trustee takes on real legal responsibilities. This includes notifying beneficiaries, gathering and valuing assets, handling debts and taxes, filing the required tax returns, and eventually distributing the estate.

Most trustees have never done this before. Matthew works directly with trustees in Walnut Creek and across Contra Costa County to walk through each step, so the process goes smoothly and no legal obligations are missed.

Probate Administration

If someone passes away without a trust, or with assets that weren’t properly transferred into one, the estate will likely go through California probate in Contra Costa County Superior Court. Matthew represents executors and administrators through the entire court-supervised process, from opening the estate to final distribution.

Estate Tax Planning

While most California estates don’t trigger federal estate taxes (the 2024 federal exemption is $13.61 million per individual), high-net-worth families and business owners still benefit from proactive tax planning. Advanced strategies like ILITs, QPRTs, GRATs, and family limited partnerships can reduce your taxable estate significantly. Matthew’s LLM training in taxation is directly relevant here.

Business Succession Planning

If you own a business in Walnut Creek or Contra Costa County, your estate plan needs to include a succession plan. Who runs the business if you’re incapacitated? Who inherits your interest? Can that person actually operate the business, or do you need a buy-sell agreement funded by life insurance?

These aren’t just theoretical questions. Without a solid plan, your business and your family could both be in serious trouble.

Elder Law and Medi-Cal Planning

Long-term care in California is expensive. Nursing home care in the Bay Area can run $10,000 or more per month. Medi-Cal can cover a significant portion of those costs, but there are strict asset limits and planning rules to follow.

Done correctly and early enough, Medi-Cal planning can protect your home, savings, and other assets while still qualifying for benefits. This is a nuanced area of law, and getting it wrong can result in a penalty period where you’re ineligible for benefits right when you need them.

Who This Firm Serves

Matthew works with a wide range of clients throughout the Walnut Creek area, including:

Families with young children who need to name guardians, set up trusts for minor beneficiaries, and make sure the right people are in charge if something happens.

Blended families where a second marriage, stepchildren, or prior estate plans create complexity around who inherits what and how to protect everyone fairly.

Retirees in Walnut Creek, Danville, Orinda, and Moraga who want to update older estate plans that may no longer reflect current law or their current wishes.

Business owners in Pleasant Hill, Concord, and San Ramon who need business succession planning built into their overall estate strategy.

Real estate owners dealing with multiple properties, community property considerations under California law, and how to transfer those assets without triggering unnecessary taxes.

High-net-worth individuals and families who need advanced trust strategies and tax planning to minimize what goes to the IRS and maximize what stays with their families.

Parents of children with special needs who need to plan carefully so an inheritance doesn’t disqualify their child from essential government benefits.

Serving Walnut Creek and All of Contra Costa County

Matthew W. Harris, Esq., LLM serves clients throughout the greater Walnut Creek area and Contra Costa County, including:

Walnut Creek, Pleasant Hill, Concord, Lafayette, Danville, Orinda, San Ramon, Martinez, and Moraga.

The office is conveniently located in Walnut Creek, easily accessible from the Walnut Creek BART station and major routes throughout the county. Many clients come from the Broadway Plaza area, the neighborhoods near John Muir Medical Center, and surrounding communities across Contra Costa County.

Ready to Get Your Estate Plan in Place?

Estate planning doesn’t have to be complicated or stressful. It’s really just making sure the right people get the right things, and that your family is protected when they need it most.

Schedule a Consultation with Matthew W. Harris, Esq., LLM today.

All consultations are confidential and protected by attorney-client privilege. 

Frequently Asked Questions About Trusts and Estates in Walnut Creek, CA

For most California residents, a trust is significantly better than a will alone. A will still goes through probate, which in California is court-supervised, time-consuming, and fee-heavy. A properly funded revocable living trust avoids probate entirely, keeps your affairs private, and transfers assets to your beneficiaries much faster. If you own a home in the Walnut Creek area, especially given local real estate values, a trust is almost always the right call.

California’s intestate succession laws take over. The state decides who gets your property, based on a set formula that prioritizes spouses, children, and other relatives in a specific order. If you’re unmarried, in a domestic partnership, or want to leave anything to a friend, a charity, or a non-biological family member, those wishes go unrecognized. Your family also has to go through probate court to sort it all out.

Costs vary depending on how complex your situation is. A straightforward estate plan for a married couple (living trust, pour-over wills, powers of attorney, healthcare directives, deed transfer) is typically a flat fee. More complex planning involving business interests, irrevocable trusts, or estate tax strategies costs more. The honest comparison is this: good estate planning now almost always costs far less than the probate fees, court costs, and family conflict that come from no planning at all. Contact the office for current fees or to discuss your specific situation.

Probably, yes. A lot can change in 10 years: tax laws, beneficiary situations, property ownership, family structure, and your own wishes. California law has also changed in meaningful ways, including Prop 19 in 2021, which significantly changed how inherited real estate is taxed. An outdated trust can create problems even if it was perfectly drafted when you signed it. A review to catch gaps or update the plan is a smart step.

A trustee is the person or institution responsible for managing and distributing the trust assets according to the trust’s terms. They have a fiduciary duty, meaning they’re legally required to act in the best interest of the beneficiaries. A beneficiary is the person (or organization) who benefits from the trust. In a revocable living trust, you’re typically both the trustee and the beneficiary during your lifetime. When you pass away, your successor trustee takes over and distributes the assets to your named beneficiaries.

Yes, but it has to be done correctly. Leaving money directly to a person receiving Medi-Cal or SSI can disqualify them from those benefits, which they may depend on for housing, medical care, and daily support. A special needs trust, sometimes called a supplemental needs trust, holds the inheritance separately and allows the trustee to use it to supplement the beneficiary’s quality of life without disqualifying them from government programs. This is one of the most important planning tools for families in this situation, and it requires careful drafting.

Creating a trust document is only half the job. For the trust to actually avoid probate and work as intended, your assets need to be transferred into the trust, a process called funding. This typically means changing title on your real estate with a new deed, retitling financial accounts, and updating beneficiary designations. A lot of attorneys skip the funding guidance or leave it to the client to figure out on their own. Matthew walks through trust funding with every client so the plan actually works when it matters.

LEGAL DISCLAIMER:

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, in any way an attorney-client relationship. Matthew W. Harris, Esq., LL.M is a California lawyer in good standing with the State Bar of California. Matthew W. Harris is admitted to practice only in California. Mr. Harris is not licensed to practice in any other jurisdiction.