San Diego Estate Planning Lawyer Blog

Published on: January 12, 2009

Trust Administration in San Diego

Living trusts save beneficiaries thousands of dollars in probate fees, however, upon the death of the Trustor, there are still steps that need to be taken by the Successor Trustee. These steps are called trust administration and often require some assistance from an experienced attorney. If these actions are not taken or done incorrectly, the Successor Trustee may be held liable to the beneficiaries.

The California Probate Code requires notification by the Successor Trustee to the beneficiaries and heirs of the person who has died. A copy of the will must be filed with the County Clerk. Notices should be sent to the Dept. of Health Services to determine if the person received Medi-Cal benefits as there may be a lien against the estate for reimbursement of those benefits. A similar notice of death should be sent to the Social Security Admiistration, Veterans Administration (if applicable) and the credit bureaus. Creditors may need to be dealt with. The issue of estate taxes needs to be considered.

Trust assets need to be inventoried and valued as of the date of death and decisions made as to how the assets will be distributed to the beneficiaries. Will assets be liquidated to provide cash to the beneficiaries or will the assets themselves be divided up in a manner which fulfills the trust’s provisions?

Published on: January 8, 2009

Even Famous Lawyers Don’t Provide for their Death

by Scott C. Soady

You would think that people who have practiced law would know the benefits of a well drafted estate plan. I guess it is like the old adage that “the cobbler’s son has no shoes.”

Who knows how many lawyers in this country do not have a will or a trust. Abraham Lincoln, a lawyer before he became President, died intestate (without a will). Maybe like most of us he wasn’t anticipating dying at the age of 56.

Some judges have died without an effective estate plan. In 1910 a Judge of the New Jersey Court of Appeals left no will with an estate of between $100,000 and $500,000.

Published on: January 5, 2009

Strange Bequests in Wills and Trusts

by Scott C. Soady

If you create a will or a trust, you can make any kind of gift you want to whomever you want. You can also make stipulations that a certain event must occur for the beneficiary to receive the inheritance. Some people, for example, provide for distributions to children or grandchildren if they graduate from college or they stay off drugs.

Some more outrageous bequests or conditions have been:

A Finnish business man left 780 shares of a rubber boot company to the residents of a nursing home in Finland. That company later became Nokia, which makes cell phones, making all the nursing home residents millionaires.

Published on: December 31, 2008

Planning Your Funeral Before You Die

by Scott C. Soady

Most people don’t like to think about their death but it is inevitable and directions to your loved ones about your wishes can ease the burden on them, and give you peace of mind knowing that your wishes have been stated and will be carried out. As part of your estate planning, you should prepare some guidelines for your successor trustee or executor – such things as where all your important documents are, names and addresses of persons to notify of your death, your wishes concerning burial, cremation, funeral services, etc. These are often placed with your will or trust so loved ones can begin planning soon after your death.

An innovative and free on line website service, MyWonderfulLife.com can help you plan your memorial service before you pass away. You can record your wishes about your funeral, choose music to be played at your service, leave letters for loved ones, or choose quotations or biblical verses to be read. You can even write your own obituary and design your own headstone. 6 “Angels” are chosen by you who will be notified upon your death of your wishes.

If you don’t have an estate plan yet, it would be a good idea to think about that too. Law Office of Scott C. Soady, A Professional Corporation offers revocable living trust packages which include the trust, pour over will, durable powers of attorney for finances and health care, deeds and other pertinent estate planning documents. Contact us if we can help.

Published on: December 29, 2008

Is one of your New Year’s Resolutions to get your estate plan done?

by Scott C. Soady

Many of us in the San Diego area start the New Year by resolving to lose weight, quit smoking, or spend more time with family. The top New Years’s Resolutions are:

• Stop smoking or drinking • Increase physical fitness

• Lose weight • Reduce stress at home or on the job • Spend more time with family/enjoy life more • Get out of debt or save more for the future

Published on: December 26, 2008

Valuable Information to Protect Your Deceased Loved One From Identity Theft

by Scott C. Soady

Earlier this month we posted a blog about identity theft during the hollidays. Malls in North County, South Bay, Carlsbad, and Mission Valley are targets for pick pockets and thieves who look to steal purses. But did you know that even deceased persons can be victims of identity theft? The deceased are easy targets because sometimes it takes weeks or months and in some cases years for financial institutions to find out about a death. The identity of a deceased person can be stolen in a variety of ways. Some identity thieves watch the obituaries, look up death certificates, or obtain private information from health care providers, unknowing relatives, or internet genealogy web sites.

Back in 2006 in Kentucky a financial planner used the confidential data of 160 deceased persons to acquire 700 credit cards from financial institutions and scammed nearly $2 million over a three year period

Although the deceased person doesn’t have to be concerned with his or her credit rating, identity theft can cause emotional distress for the family. Identity Theft Resource Center has valuable information about how to protect yourself and your deceased loved one from identity theft. They also have an information sheet with steps to take to decrease the risk of identity theft such as notifying the credit bureaus to put a “deceased” notation in their file, obtaining a copy of the decedent’s credit report, and a list of agencies and companies to notify of the death. Sample letters can be found at the California Office of Privacy Protection.

Published on: December 22, 2008

Season’s Greetings to All from the Law Office of Scott C. Soady

by Scott C. Soady

We, at Law Office of Scott C. Soady, A Professional Corporation extend to all of you, our clients, friends, and visitors to our web site, our best wishes for a wonderful and joyous holiday season and a happy and prosperous New Year.

Thank you to all our past and present clients for your patronage. We look forward to assisting you, as well as our new clients, in achieving your legal goals and objectives in the New Year. We hope you continue to enjoy this estate planning blog and our articles about various topics in estate planning and family law.

Again, Happy Holidays from all of us!

Published on: December 18, 2008

Business Succession Planning- Estate Planning for Your Business

by Scott C. Soady

Whether yours is a small business or a larger closely held corporation, have you thought about what will happen to it when you have passed away? Many people work years to build up a successful business or practice. Sometimes the family business is the most valuable asset in an estate. Business succession planning is a critical part of an estate plan for someone with a business.

If the business is to stay in the family, you need to decide which family member or members are going to own it and who is going to run it. If you have no family members capable of running the business, is it to be sold to a stranger or run by a non family member with the family retaining ownership? These are all decisions you need to make before it is too late to plan. Some business owners don’t plan ahead because they don’t want to give up control or they want to avoid family conflicts.

If you don’t plan for the succession of your business however and you become disabled, it is too late to decide who steps in and runs your business. You need a business succession plan in place before you become incapacitated. This may include buy-sell agreements or other methods to buy out a partner or shareholder or it could include LLC corporations or LLP partnerships. It may involve transferring some ownership or control to children or other family members before you retire. Income tax or estate tax issues may be other considerations. Read the full article about the points to consider in business succession planning.

Published on: December 15, 2008

Where Do Trusts Come From?

by Scott C. Soady

Many people in San Diego make revocable living trusts the primary feature of their estate plan. You may wonder where the idea of a trust came from. Trusts haven’t just been popular in the last century. Trusts are quite old. Plato back in 400 B.C. used a trust to finance his university in Greece. The Romans also used trusts. In England they were popular beginning in the 11th century in order to protect property from abusive noblemen and the King. A trust was used to vest title to real property in a trustee who would then give it to the wife, son, or daughter upon the husband’s death. Without such a trust, the property would go the lord or the King leaving the family poor and with no land to earn a living.

Trusts came to this country with the colonists. One of the first trusts was that of Governor Robert Morris of the Virginia colony. The trust was drafted in 1765 by Patrick Henry. Thereafter, William Bingham, a Senator from Pennsylvania, said to be the richest American when the colonies gained their independence, created a trust for his vast fortune.

Trusts are popular today as a way of avoiding not the King, but probate. With a living trust, you can avoid the cost of probate, the time of probate, and the lack of privacy of probate. You also can save on estate taxes if you have a sizeable estate by having the appropriate type of trust. If you are thinking about creating an estate plan, consult the experienced estate planning lawyers at Law Office of Scott C. Soady, A Professional Corporation to determine if a trust is right for you. The initial consultation is always free.

Published on: December 11, 2008

Inheritances Shrinking in This Century

by Scott C. Soady

Several years ago researchers felt that by mid century there would be a big inheritance boom, somewhere between 41 trillion and 136 trillion dollars handed down from parents to children. Now things are different and not solely because of the economy. Here are some reasons why you may receive a smaller than expected inheritance:

1. Your parents are spending it all. Not intentionally maybe, but with the high cost of living, medical care, and long term care, their nest eggs may not be what they used to be. Nursing home costs can run as high as $60,000 a year or higher in some areas and long term health care may be too expensive.

2. Seniors are living longer. The National Center for Health Statistics said in 2004 that males who are 65 could live to be 82, females to 85. As seniors live longer, they consume more of their wealth.