Articles Posted in PROBATE

In San Diego, many opposite sex and same sex couples have been married since the week of June 16, 2008. The California Supreme Court has issued a Writ of Mandamus to the California State Officials to not deny the issuance of marriage license based upon the sex of the betrothed. As such, there are now same sex spouses in California and these marriage are legal as of today and, as all know, there is a proposal for an initiative on the November, 2008 Ballot for same sex marriages to be unconstitutional. Whether the marriages are ultimately held valid or void, it is possible that a same sex spouse married in June of 2008 who passes away before the November elections, would have their estate treated the same as opposite sex spouses which would involve probate if there was not a revocable living trust.

In San Diego, there are two court houses for probate cases: San Diego and Vista. Our law office of Law Office of Scott C. Soady, A Professional Corporation, LLP would be pleased to offer a complimentary and confidential consultation to both same sex and opposite sex spouses for representation in probate or for the preparation of a revocable living trust. Please feel free to e mail or call us to set up an appointment.

In San Diego, there are two Probate Courts. One court is in San Diego and the other court is in Vista. The Judges follow the Probate Code and this requires, in some instances, a bond be placed with the Court. This is not an unusual procedure in Court however we find many of our client’s are unfamiliar with the bonding process and are insulted by this requirement. The probate process, in and of itself, can be confusing enough.

The bond can be posted in cash with the Court. Most parties to a probate action, however, post the bond through a bonding agency. Bond Services of California is one bonding company and there are others. We do not endorse or recommend this company and list this for informational purposes only. Please make sure to check with the Better Business Bureau of San Diego for any companies in San Diego [including bonding companies] or in the city in which you need the services. Our firm of Law Office of Scott C. Soady, A Professional Corporation, LLP can assist with the liaison of a bond as needed. There are strict requirements for being bonded as well and this can be a complicated and confusing area.

Please feel free to e mail our firm or call for a complimentary and confidential consultation if you are seeking a probate attorney or have a question regarding the need for a bond in a probate case.

In San Diego, as in many of our previous postings, our law firm of Law Office of Scott C. Soady, A Professional Corporation, LLP has helped thousands of clients avoid probate fees and costs. The death of a loved one [and often a financial provider] can leave families financially devastated during this time. The probate fees in San Diego are 4% of the first $100,000, 3% of the second $100,000 and 2% of each next $100,000 in increments. In addition, probate can take more than one year for distribution and there is no privacy.

In fact, there are business’ which advertise to beneficiaries [heirs] in probate cases and offer to advance them money pending the distribution by the Court. One company’s website is included in this posting and our firm has no connection with this entity and does not endorse them nor their product. This is posted for the sole purpose of our firm using our education, training and experience to try and protect our client’s rights and try and obtain their legal goals and to avoid having our client’s in the financial position where they have no option but to pay for an advance on their own inheritance. Of course, once a probate is open, many persons have no choice given the financial position post death of a spouse or other financial provider such as a parent.

In our firm, our revocable living trust can avoid probate fees, costs and time thereby eliminating the need for advances which cost money to the beneficiaries. Please e mail us if you need a probate attorney would like to avoid probate with an estate plan prepared for you or for a complimentary and confidential consultation on any estate planning matter.

San Diego has many divorced spouses. A recent case in the Court of Appeal published March 27, 2008 and modified on April 16, 2008, illustrates the need for an estate plan post divorce. The attorney fees were ordered to be paid by each party so both sides spent thousands of dollars in litigation when a proper estate plan would have avoided this costly and time consuming litigation. Do not let this happen to you or your beneficiaries. The investment in the cost of a revocable living trust alone would have saved thousands of dollars in legal fees and costs.

The case of Estate of McDonald involved a divorced man and woman. The parties had a legal judgment and this included that there was a termination of all marital property rights. The man died without an estate plan and the case went to Probate Court. The woman alleged that she was the rightful heir under the laws and the parents of the man alleged that they were the rightful heirs under the law. The Trial Court found that the woman was not the “surviving spouse” under the terms of the Probate Code. The Court of Appeals agreed.

At our firm of Law Office of Scott C. Soady, A Professional Corporation, LLP, we do not want your family to incur thousands in legal fees and costs when this is not necessary. Please e mail us if you have any questions or call for a complimentary and confidential consultation.

In San Diego, there are many probate cases. These are heard in the probate court houses located at the Madge Bradley Court House in San Diego and the North County Court House in Vista. Our law firm of Law Office of Scott C. Soady, A Professional Corporation, LLP can assist you with any probate matter in San Diego. You can feel free to e mail our firm or call.

An illustration of a famous probate case, which is not in San Diego, is that of Heath Ledger. An article in the Herald Sun explains that his fortune will go to his infant daughter as opined by two legal experts. This is a much more complicated case since Heath Ledger has substantial assets in Australia as well as the United States.

Please feel free to call us to represent you in your pending probate matter in San Diego, California.

San Diego, California has two probate courts. The first is located at the Madge Bradley Court House located on Fourth Avenue in San Diego. The second is located at the North County Court House located on Melrose Avenue in Vista. Judge Klein has the current assignment and, at the San Diego County Bar Association meeting in January of 2008, it was announced that there would be a change to Judge Brown.

It is very important to retain a law firm which has experience practicing before the Judge who will hear the case. This is important since the attorney needs to know the local rules of San Diego as well as the court room practice before each Judge. While all Judges follow the same laws, the procedures in the court rooms may be different. For example, some Judges allow attorneys into the “well” which is the area between counsel table and the “bench” where the Judge sits and some do not. Our law firm of Law Office of Scott C. Soady, A Professional Corporation, LLP can use our experience before the Probate Judges to assist with your legal matter. Please feel free to e mail us with any questions. Please feel free to visit our probate page on our website.

In Illinois, a Probate Judge is expected to hear testimony about the disappearance of Steve Fossett. As all recall, his body was never found. This also happens in San Diego as well and the procedure is to have the case probated. In the Fossett case, the wife of Steve Fossett is expected to testify that she has good reason to believe that her husband died when he was never found after flying in the Nevada desert. Many of the residents of San Diego habitually fly over the desert in Nevada and also go to Las Vegas. The issue of what happens when a body cannot be found is complex and complicated.

There is a legal rule in California that a person who has been missing for less than seven years is presumed to be alive unless evidence shows otherwise. There is a need in this case for a ruling of the husband being deceased for legal purposes of the wife and the estate. You can view the full article on Law Office of Scott C. Soady, A Professional Corporation, LLP website which has a daily newsletter for estate planning or go to the website for the Chicago Tribune which had details of the full article as our newsletter changes daily for the most up to the date news on estate planning. Always feel free to e mail us as well.

In San Diego, California, there are two probate courts which are located in downtown San Diego at the Madge Bradley Court House and in Vista at the North County Regional Center. The Business Office is open from 8:30am to 4:30pm at these two locations however you must check your local branch first as all are closed on court holidays and these may not be holidays on your schedule. It is important to understand that the probate process includes the Probate Examiner who reviews all documents for legal requirements and content before the relief is granted by the Court. You can make an appointment to meet with the probate examiner and this information can be obtained at the court house. It is important to consult with an experienced attorney first since this process can be very confusing and frustrating to the novice and, sometimes, even to the experienced.

The technicalities can become very important and, at times, there is a need for publication. This is an important aspect of the probate process since the publications must by by a list of the approved newspapers by the San Diego Superior Court. This list was last revised on October 10, 2007 and there are over 30 to choose from. As the costs for filing, service and other mandatory fees can be very expensive, it is important to make sure that the newspaper is approved for publication or you will have to republish and this will cost twice. This list is frequently revised so it needs to be checked prior to making any arrangements for publication. In addition, it is important to have the least expensive newspaper to save money since all are equally qualified. The most current list can be obtained free of charge by e mailing our law firm of Law Office of Scott C. Soady, A Professional Corporation, LLP at lawyer@help411.com.