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In San Diego, we have many senior citizens. One article explains that talking frequently improves memory. An estate plan includes provisions for a conservatorship if necessary and our firm’s hope is that you never need this and that by good health [both mental and physical] a conservatorship will never be necessary. However, if it ever is, please e mail our firm.

An article at SeniorJournal reports a study done at the University of Michigan Institute for Social Research. One of the researchers was a psychologist at University of California in San Diego. This study tested people as old as 96 and found that a ten minute conversation was just as effective as crossword puzzles or other “solo” intellectual activities for preventing loss of memory. So instead of sitting home alone doing puzzles to keep your brain sharp, invite someone over for a conversation.

As we grow older, we face not only issues of memory loss but also issues relating to estate planning, long term health care, planning for incapacity and other issues in the area of elder law.

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San Diego: Have you ever wondered why part of our freeway system is named Ted Williams Parkway? How does this impact an estate plan in his case?

Most San Diegans remember when the Ted Williams Parkway off Interstate 15 was named in honor of Boston Red Sox legend Ted Williams. But do you know why it was named in his honor?

Ted Williams grew up in North Park in San Diego and attended Hoover High School where he played baseball. He signed with the Padres, then a minor league team, before joining the Boston Red Sox in 1939. He had an amazing career in major league baseball, with 2 MVP awards and 2 Triple Crown awards. A left-hander and incredible hitter, he, along with Mickey Mantle and Babe Ruth, is a member of the 500 club, for hitting more than 500 home runs in a season.. In 1992 Ted Williams was here in San Diego for the dedication of SR-56 east of I-15 now known as Ted Williams Parkway.

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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.

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In San Diego, and California, there are many governmental agencies. Below is a list of links of some of the most important for your use and reference. In our firm of Law Office of Scott C. Soady, A Professional Corporation, LLP, we want to make sure you have information to make an informed and intelligent decision regarding legal services as well as other services. Official government websites can assist in obtaining reliable information as well as making sure that the information received is current and up to date. This is not a comprehensive list and is intended only for the reference of our viewers.

In San Diego, there are many useful websites in addition to the ones for the State of California below. The San Diego District Attorney office is a very informative website regarding the workings of the main prosecutor’s office in San Diego. The website for CalTrans is very useful since you can obtain current traffic information and, currently, there is also a service on mobile phones if you dial “511” for current traffic information in the event you are not near a computer with internet access.

The California Department of Motor Vehicles is one agency in which people have many questions and the lines can be long at the local departments so a web search can save time. Another website which is useful is the California Secretary of State. This has many government services listed. Some find the California State Library a very useful website for information as well.

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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.

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In San Diego, many residents will pass away. When they do, their husbands, wives, sons, daughters, grandchildren and other relatives will receive their property either through the probate process or through trust administration or other legal procedures for distribution of assets post death of the trustor. In San Diego, there are two court houses which hear probate cases. One court house is in San Diego and the other court house is in Vista.

In a recent article in the Sacramento Bee, the issue of the importance of naming beneficiaries is discussed as part of the estate plan. The article discusses the distribution to contingent beneficiaries of a life insurance policy rather than the living trust as the beneficiaries.

Our law firm of Law Office of Scott C. Soady, A Professional Corporation, LLP would be pleased to give you advice on the advantages and disadvantages of all estate planning strategies. This is complimentary and confidential. Please feel free to e mail or call our firm.

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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.

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In San Diego, the District Attorney’s Office prosecutes criminal offenses. The District Attorney’s Office also has its own Report every year of their statistics for the public’s review. Crime affects all of us in San Diego, California and this document summarizes 2007 in many respects.

In San Diego, the District Attorney’s Office employs hundreds of attorney and thousands of staff. The Report includes staffing, office locations, cases and statistics, fiscal review, organizational chart and also awards.

Our office of Law Office of Scott C. Soady, A Professional Corporation, LLP includes this in our blog as a public service.

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In San Diego, there are many instances of when an emergency guardianship would be necessary. A hearing would have to be set up in advance with the Clerk’s Office as [many times] there is no existing case number to file a petition for emergency guardianship under.

In San Diego, there is a court house on 4th Avenue in San Diego and another court house on Melrose Avenue in Vista which hear guardianship cases.

A recent article highlights the types of emergencies which can occur. In that case, a San Diego man located a six year old girl and her baby sister in Baja, California. Many San Diego residents have visited El Rosario in Baja and this is a popular tourist destination for Southern Californians. The girls were with their fugitive parents. The girl’s relatives will petition the Court in Santa Cruz County [where the proper venue is] for an emergency {ex parte} guardianship.

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In San Diego, California, we are governed by the laws of the United States and these are interpreted at the highest level by the California Supreme Court and the United States Supreme Court. In San Diego, for the State Courts, the law is interpreted by the San Diego Superior Court.

Estate planning has long utilized the marital status as part of the estate plan. Our office has prepared thousands of revocable living trusts and many of these are for married couples. Until last week, this was only for men and women and was controlled by Family Law Code 308.5 which is entitled California Defense of Marriage Act and was approved under Proposition 22 on March 7, 2000. The recent Supreme Court decision has ordered that this Code is no longer the law and this will have a significant effect on estate planning for the future if this law is not overturned by the United States Supreme Court.

Our law firm of Law Office of Scott C. Soady, A Professional Corporation, LLP can assist in analyzing your unique and individual estate planning needs. Please e mail or call us for your complimentary consultation.

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