858.792.5988

Serving San Diego for over 35 Years

Clients, Colleagues, and Friends,

I retired on Dec. 31, 2019, and officially closed my office, after 42 years of practicing law. I thank you all for your confidence in me and your friendship over the years. My colleague David Dufek who has shared the suite with me for the past two years is taking over my practice and will have all client files. Not only will David be taking over the practice, he remains in the suite and is taking over my fax and phone lines. You are free to leave your files with David or pick them up. David's practice like mine includes will, trusts, and probate, as well as personal injury work. He also does landlord - tenant work and debtor - creditor matters including bankruptcy.

I wish you all the best.

Alex

Do I Need a Will?

We get this question all of the time in our estate planning office.  It is an important question.  In a word, Yes.  You do need a Will.  Frequently, both clients doing Trust planning and clients with little or no assets ask this question.

First, clients with Trust planning still need a Will.  The Will (in this case, a Pour-Over Will) picks up any assets intentionally or inadvertently left out of the Trust.  It pours these assets into the  Trust through the probate process.  Additionally, the Will names the Executor who will take care of any estate settlement business and a Guardian to care for minor children.

Second, for clients with little or no assets, the Will names the Executor.  As with a Pour-Over Will, the Executor takes care of any unfinished business and estate settlement.  For instance, notifying Social Security of the death; filing last tax returns; canceling cable, magazine, and newspaper subscriptions, distributing any remaining assets including personal effects; planning and paying for a funeral or memorial service; and ending a lease.

Whether you have a comprehensive Trust plan or a simple Will, you should also have these legal documents so you can be sure what you want to happen does indeed happen both when and how you direct:  Durable General Power of Attorney (for finances), Temporary Health Care Power of Attorney.  Also, discuss the Living Will and Organ Donation with your estate planning attorney.

If you are unsure whether you need a Will or any other estate planning documents, please feel free to call our office.  We’d be happy to talk it through with you.  858-792-5988.