We have all heard of a QTIP, but do you know what it means in the context of estate planning? If you are in a second or third marriage, as many people are in San Diego, you may know that a QTIP is a type of trust. It is a…
San Diego Estate Planning Lawyer Blog
Leaving Money to Grandchildren
Many people want to leave their grandchildren something when they pass away. It may be small or it may be significant. There are several ways to do this, some better than others. When you draft your estate plan, you have no way of knowing whether some of your beneficiaries are…
If your parents die in debt, are you liable?
It’s often overwhelming when a parent dies, having to deal with all their paperwork, bills, and determining whether there will have to be a probate filed or a trust administered. Children often worry also about their parent’s debts. A long illness and nursing home or hospital expense can quickly eat…
New Rules in 2010 Concerning “No Contest” Clauses
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…
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…
Probate FAQs
Frequently Asked Questions about San Diego Probate 1. How long will my probate matter take? As a general rule, most probates in San Diego are finished in a year to 18 months. However there can be many issues that may cause the probate to last longer. Common examples are litigation…