Many wills and trusts include language to deter future disputes or contests over the provisions of the will or trust. These “no contest” clauses typically provide that if someone challenges the validity of a will or trust, they take nothing under the instrument. As an example, suppose a parent has…
Articles Posted in ESTATE PLANNING
California Budget Crisis Affects San Diego Courts
San Diego County as you may know has a number of superior courts available to its residents. At Law Office of Scott C. Soady, A Professional Corporation we file our will and trust matters either in the downtown branch of the Probate Court located at 1409 Fourth Avenue or at…
Revocable Living Trusts in This Economy
Most people agree we are in the middle of an economic recession in this country. Unemployment is high and the stock market is like a roller coaster. How does the recession affect your need for a trust or affect your exisiting trust you already have? If you do not have…
Planning for Long-Term Health Care
We applaud clients that have had the foresight to get an estate plan in place, before they need it. It makes it much easier on your family if you have taken the time to prepare an estate plan ( a will or a trust), specifically setting forth who you want…
Adding Your Children on Title Can Create More Problems Than It Solves
Some clients think that a good way to avoid probate is to put their adult children on the title to their home. While it is true that putting your child on the deed to your home will avoid probate, it can create all kinds of headaches not anticipated or desired.…
Avoiding Probate
Aa you have learned from the recent series of blogs on probate, if you can avoid a probate after your death, your heirs will have an easier time settling your estate. The best way to avoid probate is to have a revocable living trust into which you transfer all of…
Guardianship Issues Brought To Light By the Michael Jackson Case
The San Diego Probate Courts hear many guardianship cases each week, in the North County Branch or the downtown branch. A probate guardianship is the appointment by the Court of an adult or adults who will have legal guardianship over a minor child. There are two types of guardianships: (1)…
Settling Michael Jackson’s Estate Could Be a Real Life “Thriller”
Newspapers and magazines are already commenting that Michael Jackson’s estate will be a real nightmare. No one seems to know at this point whether Jackson had a will or a trust. Some people think there is no way he would have failed to provide for his children. In the absence…
Challenging Wills or Trusts
Part of our estate planning caseload at Law Office of Scott C. Soady, A Professional Corporation are cases in which a will or a trust is being questioned or challenged. Typical factual scenarios are where an heir or a beneficiary has been disinherited or their share reduced because of “death…
Estate Planning is One Step in Financial Health
What is financial Health? Financial health is the state of your finances. If you have good financial health, you are managing your assets, paying your debts, and saving for retirement. You also are planning for your spouse and children should something happen to you. CNN Money.com. has a nine step…