The decision to disinherit a child can be very difficult for some people. Other people just want to give less to one child and more to another. There are usually valid reasons behind the decision and it is not one people take lightly. Most clients I see are reluctant to…
The New York Times has many articles on estate planning. An article from 2010 is still very relevant and discussed six common questions regarding wills: do you need a will; can you do it yourself; do you need more than a will; what about a revocable living trust; how else…
Choosing an executor for your estate can be one of the most challenging decisions in the creation of drafting your will. An executor will administor your estate and continue to do so until the estate is closed. A will should be part of an estate plan and not “stand alone”.…
In the San Diego Superior Court, a holographic will may be introduced in a Probate proceeding. A will can take many forms including holographic. A holographic will can be defined as a will which is hand written. In California, the law will allow a holographic will under certain conditions. This…
A pour over will is one of the documents normally contained in a revocable living trust. The purpose of including a pour over will is to try and avoid probate court and litigation of the asset. If your pour over will, or revocable living trust, is more than five years…
A new series on the Discovery Channel is called The Will: Family Secrets Revealed. It is an eight part series on the wills (or lack thereof) of various people depicting the drama of some families after a death in the family. Throughout the series, each one hour episode will show…
From time to time it is fun to look back on what are some of the strangest bequests people have put in their estate planning documents. 1. An eccentric lawyer named Charles Vance Miller, a resident of Canada, was noted for his practical jokes. He left a large sum of…
In California probate proceedings are governed by the Probate Code which sets forth certain time limits. Once a petition for probate is filed, you will receive a date for the first hearing in which an administrator or executor is appointed. The hearing is often 2-3 months after the petition has…
At Scott C. Soady, A Professional Corporation, we encourage families or individuals to create an estate plan, consisting of a will or a revocable living trust so your loved ones know how you want your assets distributed. An interesting off shoot from traditional estate planning is an ethical will. Have…
When a person dies in San Diego, the Probate Court will determine to whom the assets of the decedent will be distributed based on the laws of “intestate” succession. “Intestate” means that the decedent died without a will or a trust. Before you decide to file a probate proceeding without…