San Diego Estate Planning Lawyer Blog

Published on: April 29, 2008

San Diego Stimulus Payments on Tax Returns for 2007

In San Diego, everyone is waiting for their stimulus payments from the Internal Revenue Service. As a public service, with making no representation, guarantee or warranty as to the date any tax payor receives or does not receive their stimulus payment, below is the schedule which has been provided for use by the general public. In addition, as a courtesy to our blog viewers, we have provided a link to the calculator for you to determine the amount of your stimulus payment. The San Diego Post Office will have a lot of extra mail.

All tax payers who filed their returns by the due date of April 15, 2008, will be receiving their stimulus checks [assuming they are eligible under the law of course] this calendar year. The payments will proceed by the last two digits of the main filer’s social security number. These are also broken down into two categories: Direct Deposit and Paper Check.

All tax payers who file their returns after April 15, 2008, will receive their stimulus payment and the payment will be later than the tax payers who filed on the due date. A return must be filed by October 15, 2008, in order for a tax payer to receive a stimulus payment for this year.

Published on: April 24, 2008

San Diego Trusts and Estates Section: State Bar of California

by Scott C. Soady

In San Diego, all of the attorneys are licensed by the State Bar of California. This is the professional organization which oversees attorneys. The State Bar of California, along with the Continuing Education of the Bar, offers many services for attorneys. There are also, however, services for the public which many persons in San Diego who are current clients or not current clients do not know about.

One of the sections for the public is in the Trusts and Estates Section of the State Bar website. This gives the public acess to the toll free senior information line of 1-888-460-7364. In addition, the public can view resources which the Speaker Bureau Attorneys can obtain directly from the State Bar. These include a statutory will form, an advance health care directive, estate planning brochures, and additional information including a senior information card.

At our firm of Law Office of Scott C. Soady, A Professional Corporation, LLP we offer a complimentary consultation as the different forms, pleadings and procedures can be very complicated. We also have a page on our website directly relating to living trusts. Please feel free to contact us directly by e mail or at our toll free number in Southern California of 1-877-435-7411 [1-877-HELP411] which is also our website address of www.help411.com.

Published on: April 22, 2008

San Diego Estate Planning: Death, Incapacity of San Diego Attorney

by Scott C. Soady

In San Diego, California there are thousands of attorneys. Some attorneys in San Diego are in solo practice and some in partnerships or other business formations. It is, of course, not unusual for an attorney to pass away while representing current clients or having documents of former clients. Many clients do not know that there is a system in place for assisting client’s to have their original estate planning documents transferred. In addition, if the attorney lacks capacity to continue to represent clients or is no longer a member of the State Bar of California, then this system will also apply.

In this procedure, the original estate planning documents in the control of the attorney may be transferred to another attorney of to the Superior Court Clerk of the County in which the client’s last residence is. For ease of use, clients can contact the State Bar of California or the San Diego Superior Court Clerk’s Office.

Estate planning documents which are included in this are a signed original will, declaration of trust, trust amendment or other document modifying a will or trust, a signed original power of attorney, a signed nomination of conservatorship and some other writings.

Published on: March 14, 2008

San Diego Federal Court Ruling: Man Barred from Preparing Tax Returns

by Scott C. Soady

In San Diego, a Federal District Judge ordered that Mr. Kyle be barred from preparing tax returns for others. San Diego has both State and Federal Courts and the ruling was issued by San Diego Federal District Chief Judge Gonzalez. This preliminary injunction prevents Mr. Kyle, a resident of San Diego, California, from preparing tax returns for others as well as his companies. If you are a client of Mr. Kyle, you need to seek immediate assistance from a qualified Certified Public Accountant who can review your returns as Mr. Kyle is alleged to have prepared and filed over 10,000 returns since 2000 with an estimated tax loss of over $18,000,000. You will also want to seek the assistance of our law firm, Law Office of Scott C. Soady, A Professional Corporation, LLP if you are charged with federal tax fraud.

The IRS is also involved in this case and is stating they will work to stop fraudulent preparers of tax returns. This is a very significant case and worthy of a news and commentary blog since this is a San Diego case and may well affect thousands in San Diego who may be audited and/or criminally charged.

Please e mail us directly if you have any notice from the IRS or Justice Department concerning this case and want a complimentary consultation.

Published on: February 12, 2008

San Diego Probate Court: Vista Branch change of Judge

by Scott C. Soady

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.

Published on: February 4, 2008

San Diego Conservatorship: Britney Spears

by Scott C. Soady

San Diego has similar proceedings to Los Angeles in regards to conservatorship. Britney Spears, last week, had her father and attorney appointed as a conservator. This was in the Los Angeles Superior Court and the process of filing for temporary conservatorship is a complicated and complex procedure. Our firm of Law Office of Scott C. Soady, A Professional Corporation, LLP can assist with the preparation of these pleadings and represent you if your relative is in the same position as Britney Spears.

A conservatorship can be of the person or of the estate. Conservatorship of the person is for making decisions regarding housing, medical care and others which are needed when a person is incapable of making these decisions for themselves. Conservatorship of the estate is for making financial decisions. In the case of Britney Spears, this means control of her entire financial empire as she has many assets and debts. Normally a bond is necessary for the conservatorship of the estate. For your convenience, a link has been placed to a company which issues bonds for San Diego, California.

In San Diego, California, there are only a limited number of courts in which a conservatorship action can be brought properly. It is essential to consult with an experienced and competent attorney as was done in the Brittany Spears case. If you have any questions regarding a conservatorship please call our office directly. Please feel free to e mail us as well

Published on: January 22, 2008

San Diego Probate Website: Steve Fossett

by Scott C. Soady

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.

Published on: January 18, 2008

San Diego Land Damages

by Scott C. Soady

In San Diego, California there have been recent homes damaged in La Jolla due to the hills and homes sliding downhill and into other homes. This was recently reported in the San Diego Union. The law of torts is about apportioning risks and allocating the burden of loss. One state’s highest court wrestled with these issues in a case that arose when a high-rise building collapsed during a large construction project in a past case.

The plaintiffs were businesses, from hot dog vendors to large law firms, who suffered no physical injuries to persons or property as a result of the collapse, but who lost income when city officials closed heavily traveled streets in the vicinity of the accident. The defendants were the owner, tenant, and managing agent of the building that collapsed.

It is beyond dispute that a landowner who engages in activities that may cause injury to persons on adjoining property owes those persons a duty to take reasonable precautions to avoid injuring them. On the other hand, the court had never ruled that a landowner owes a duty to protect an entire urban neighborhood against purely economic losses, and it refused to do so in the case before it. Businesses in the area may well have suffered purely economic losses due to the collapse, but the court saw no satisfactory way “geographically” to distinguish among them.

Published on: January 4, 2008

San Diego Probate Court: Important Information for Court Locations and Publication

by Scott C. Soady

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.

Published on: December 20, 2007

San Diego Probate Guardianships: Requirements

by Scott C. Soady

In San Diego, California, there are exact rules for becoming a guardian which is an appointment by the Court. There are different standards depending on the legal relationship between the minor and the guardian. For example, if you are a relative of the minor then the investigation is completed by Family Court Services. Family Court Services is the mandatory mediation process used in San Diego, California and the mediators are licensed clinical social workers hired by the Court to assist in the agreements and/or recommendations regarding custody and placement of minors. Guardianships are only for minors and this is the age of 18 in California. If you are not the relative of the minor, then a contact with the San Diego Department of Health and Human Services will need to be contacted. Their phone number is 858-616-5907 however numbers often change. If you call and this is not the correct number, please feel free to call the office and we can assist in getting the correct number.

If the guardianship is for the estate only, you will need to contact the Probate Investigators in the Vista Court House at 760-806-6150 or the Probate Investigators downtown at 619-687-2000. This is a very complicated area of the law and the guardianship can be for the person, estate or the person and estate. An analysis really needs to be made at the beginning of the case for the best chance of success. Please visit our website at Law Office of Scott C. Soady, A Professional Corporation, LLP or e mail us for any questions you may have at lawyer@help411.com.