There are 3 types of probate conservatorships that can be obtained in the San Diego Probate Court. The first is the general conservatorship of a person where the Probate Court gives a responsible person (the conservator) the ability to take care of another person (the conservatee) or to manage someone’s…
San Diego Estate Planning Lawyer Blog
Executors, Administrators, and Trustees Accountable to Beneficiaries
In addition to handling probate, trust administration, and preparation of all types of trusts, we often get inquiries from heirs and beneficiaries with concerns about the way an executor, administrator, or trustee is administering an estate in San Diego. Sometimes beneficiaries cannot get an accounting of the trust assets. Sometimes…
The Poor Economy May Be Reason to Amend Your Estate Plan
With the recent downturn in the economy, San Diego has been one of the hardest hit with declining property values and unemployment. According to the Feds, the states in a full recession are California, Florida, Arizona, and Nevada. California has reached 11%unemployment and San Diego is in the top five…
Can You Disinherit Your Spouse?
Previous posts have discussed how to disinherit your heirs such as a child, sibling, or parent. But what if you want to disinherit your spouse? Some people may want to disinherit their spouse because they have already provided for him or her elsewhere in their estate plan. Another reason for…
An Heir is An Heir
When you die without a will or a trust, you are said to have died “intestate.” The Court in the probate proceeding ,which will have to occur when someone dies”intestate,'” will determine who receives your estate based on California law. So if, for example, you are single with no children,…
Appraisal Method to Change?
In trust administration and probate in San Diego County, appraisals of the decedent’s real property are an important part of settling an estate. At Law Office of Scott C. Soady, A Professional Corporation, one of the first tasks is to obtain an appraisal of real property as of the date…
Estate Issues Litigated in J.R.R.Tolkien Estate 26 Years after Death
In the Estate Planning area, we frequently see estates remaining open for years or litigation developing long after a person’s death. Do you remember “The Hobbit” written by J.R.R. Tolkien? For many of us baby boomers, it was a favorite story, one of the first “fantasy” novels which have become…
Useful Links for Retirement Issues
In San Diego, there are many people wondering in this economy, when they can retire, when to take social security, how much they need to retire, etc. Social security has predicted that many Americans will live into their 90’s in the years to come and the cost of living will…
Estate Planning for the Terminally Ill
For a person who is terminally ill, obviously time is of the essence. This urgency creates unique estate planning issues. Planning under these circumstances may involve not only the terminally ill individual but also an estate planning lawyer, CPA, financial advisor, and insurance agent. Family members may also need to…
Your “To Do” List
It’s hard for most people to plan for their death but one of the greatest gifts you can give your loved ones is to create an estate plan and with it a List of Guidelines for Location of Assets and Final Instructions. In addition to your will and trust, you…