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

Promises to Change a Will Don’t Count

Promises to update, amend, or revoke a will, or any other estate planning document, don’t count unless the change is actually made according to law.  In other words, you have no legal standing to challenge a will based on the deceased’s promise only.

Changes to Wills and Other Estate Planning Documents Must be in Writing

An estate plan, typically, consists of several estate planning documents such as a will, powers of attorney, and a revocable living trust.  All changes or updates must be made in writing and valid under the laws of California.  In addition any changes or revocations must be clear such as the destruction of the document or new, legally valid, documents.

Beneficiary designations are effective through contract law.  They must also be changed in writing.  A promise to update, amend, or revoke a beneficiary designation has no effect.

When to Update

All estate planning documents need to be reviewed to determine whether an update is necessary from time to time, but especially upon the occurrence of a significant life event.

If you have someone new in your life and/or you promise to make changes, you should do so immediately and in writing, working with a qualified estate planning attorney.

Other significant life events that require estate planning document change include marriage, divorce, new partner, partnership dissolution, new child, new step-child, new business, move to a new state, significant change in assets, death of loved ones, or change in your goals.

Where to Get Help with Updating Your Will and Estate Plan

Always consult with a qualified estate planning attorney regarding the update of wills and all estate planning documents.  Please feel free to contact our office at (858) 792-5988 for a consultation.