If you’re one of the many people who have migrated to beautiful San Diego in recent years, you may need to have your estate plan reviewed and, perhaps, updated. This is especially important if you moved here from another state. Estate planning documents sometimes don’t travel well from state to state and you may have […]
Estate Planning
Executors Must Not Commingle Funds
There are many rules that executors and administrators of estates (i.e. “personal representatives”) must follow, with the most important being the rule against commingling. In other words, executors absolutely must keep their own money separate from the estate’s money. Use the estate’s money as your own and you may go to jail. This anti-commingling rule […]
California’s No-Contest Clause and Disgruntled Heirs
In 2010, California’s no-contest clause probate code provisions were amended, limiting the enforceability of no-contest clause provisions. No-contest clauses have been used to discourage unhappy relatives, girl/boy friends, second spouses, and others from challenging a will (or trust.) If a challenge is brought, the heir stands to lose any inheritance he or she would have […]
You can Use a Pay on Death Account to Avoid Probate
Pay on death (POD) accounts, sometimes referred to as “transfer on death” (TOD) accounts, avoid probate. Probate is avoided because POD accounts have a beneficiary designation. Thus, there is a contract that says, “When I, Sam, die, I want my bank account to be transferred to my brother, Phil.” While Sam maintains control and ownership […]
Why Should I Avoid Ancillary Probate?
Many people seek to avoid probate because it has high fees, takes a long time, and is a public process (which means that everyone has access to your personal financial and beneficiary information.) Ancillary probate means that you have to go through probate in two or more states. That’s double the trouble! When is ancillary […]
It’s Likely Time to Update Your Estate Plan
One colleague did a search of all of his estate planning client files and determined that his clients updated their estate plans only every 19.6 years. Wow! Imagine all the changes in your personal life, financial life, the law, and your estate planning attorney’s experience over 19.6 years. Think how your views, goals, hopes, and […]
How to Probate a San Diego Estate
If an individual dies, owning assets in his/her name, the estate must be probated. Probate is a court supervised process of validating the will; appointing an executor; locating, protecting, and valuing the decedent’s assets; paying final bills and applicable taxes; and, upon proving to the court that these things have been done, distributing assets to […]
Touchy Blended Family Issues and Your Estate Plan
Every family has complicated dynamics. Our San Diego estate planning attorney realizes that blended families have an extra layer of complexity which must be addressed during the planning process. Be sure to disclose all family relationship issues to your estate planning attorney. He can only plan for those things he knows about. Common issues […]
Avoid a Messy Conservatorship
Every California resident, age 18 or older, needs a Durable General Power of Attorney and a Power of Attorney for Health Care. If you don’t have these important estate planning documents in place and you become incapacitated, your family will have to go to court for a conservatorship. Conservatorships cost a lot of money, take […]
Prevent Will Contests with a “No Contest” clause
If you fear that a family member may challenge your wishes and file a will contest, have our San Diego estate planning attorney include a “no contest clause” in your will. The no contest clause prevents most potential will contests. While Grace had no legal requirement to include all three of her sons in her […]