San Diego Estate Planning Lawyer Blog

In San Diego, many residents have no estate plan. In our firm of Pinkerton, Doppelt & Associates, LLP, we offer a complimentary and confidential consultation to determine which estate plan is right for you. You can also feel free to e mail us. In San Diego, in the Probate Courts, the legal fee is 4% of the first $100,000, 3% of the second $100,000 and then 2% of the remaining $100,000's in incremental units. For example, if your house is valued at $500,000 and your debt on the house is $400,000, the legal fee is calculated from the gross fair market value and not the net.

A recent article highlights the problems with estate planning. This is not a problem unique to San Diego. In San Diego, a revocable living trust can have the effect of avoiding probate fees and costs if properly set up and properly funded. The article addresses persons who procrastinate due to their fear of facing their own death, do not properly fund the trust with property which causes the estate to be placed into probate or try and do it themselves with out of date forms and documents.

Do not let this happen to you and your family. Our firm can assist with an estate plan which is within your budget and will save your family money and legal fees in the future. Failure to have an estate plan or failure to properly fund your estate plan can have the same effect of having the estate in probate court.

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In San Diego, California, we have two probate courts: San Diego in the Madge Bradley Courthouse and in Vista at the North County Courthouse. For your convenience, included in this article is a link to the probate court page for the San Diego Superior Court website.

In Los Angeles, California, Britney Spears case was transferred from a Commissioner to a Judge due to an objection by one of the parties in a recent article. In San Diego, this is also the procedure and if one of the parties does not agree [stipulate] to the Commissioner hearing the case then it is transferred to a Judge. In San Diego, there is a form which is normally signed by all parties prior to the case proceeding.

Our law firm of Pinkerton, Doppelt & Associates, LLP can assist you with your conservatorship, probate and estate planning needs. Please feel free to call or e mail our firm

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In San Diego, a large number of residents have multiple retirement accounts which may include deferred compensation, deferred benefit or other compensation plan for retirement. These can take the form or an IRA; KEOGH; 403 plan or many others. Many parents also have a 529 plan for education for their children. Our firm does not give financial advice and are not financial planners or CPA's. Our firm of Pinkerton, Doppelt & Associates LLP can assist in advanced estate planning strategies to protect your legal rights and to obtain your legal goals of eliminating probate fees and costs and to protect your privacy in the distribution.

A recent article in the San Diego Union Tribune on April 20, 2008 focused on the Fleischman family. The husband is 53 and wants to retire from his job as a high school teacher in 7 years when he is 60. At that time, his now 12 year old son will be entering college as a freshman and his daughter, now 15, may be graduating early from high school and graduating college at the same time. The wife is a registered ER nurse and plans to work another 10 to 15 years.

The article does not state whether the Fleishman's have a revocable living trust or estate plan in any form. If both of them were to pass away without a revocable lliving trust or other estate plan, their estate would need to be probated prior to distribution. Given the assets in the article, the probate fees and costs would be significant and would deplete the resources of the family which could have better been used for the children's education.

Feel free to e mail our law firm and we can discus with you the appropriate estate plan for your individual needs.

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In San Diego, there are many conservatorship cases. These are heard in the San Diego Probate Court. In the case of Britney Spears, since she lives in Los Angeles, her case is heard in the Los Angeles Probate Court. This case highlights the need for an experienced and competent attorney in the area of conservatorship. Our law firm of Pinkerton, Doppelt & Associates, LLP, can assist with this. Please e mail or call us to set up a complimentary and confidential appointment.

In a recent article in People, the issue of attorney fees and costs was discussed. In addition, the conservatorship is reported until July 31, 2008. In Probate Court, there can be many hearings and necessary pleadings. The attorney fee and cost award was $58,000. In addition, the Court ordered a payment of $2,500 for the father of Britney Spears as the conservator and also that she cannot leave California without permission from the Court or her father.

Conservatorship cases can be very complicated and this case is an illustration of the costs, fees and powers which a Court has over a person who is declared unfit to care for themselves.

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In San Diego, California, there are many citizens, residents and visitors who enter the United States from Mexico. In San Diego County, there are two major border crossing facilities: San Ysidro and Otay Mesa. These are operated by the Department for Homeland Security. In order to enter the United States, you must prove that you are a United States Citizen, a United States Permanent Residence or a Legal Alien (visitor for any number of reasons) and there are many documents which can establish this.

In San Diego, many citizens travel to Canada, Mexico, Bermuda and the Caribbean by land and sea. The State Department has recently begun accepting applications for the United States Passport Card. This will facilitate entry and expedite document processing at United States Ports of Entry. In San Diego, this is very applicable since many citizens take cruise ships and enter at the Port of San Diego.

This card will have the same validity period as a passport book: 5 years for children age 15 and younger and ten years for adults. The passport card will contain a vicinity-read radio frequency identification chip known as RFID. This will facilitate frequent border travelers. There are many technical rules and these are included on the website.

At Pinkerton, Doppelt & Associates, LLP, we know how important it is for our clients to have the most up to date information on any changes in the law which may affect their life. In San Diego, California, passport books can now be obtained from many local post offices and our firm recommends this as a strategy for first time passport applicants as well as renewals due to being able to appear in person for the passport and this lessens the possibility of documents being lost in the mail.

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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.

PAPER CHECK

PAYMENTS MAILED BY LAST TWO SOCIAL SECURITY NUMBER DIGITS

May 16, 2008 00-09
May 23, 2008 10-18
May 30, 2008 19-25
June 6, 2008 26-38
June 13, 2008 39-51
June 20, 2008 52-63
June 27, 2009 64-75
July 4, 2008 76-87
July 11, 2008 88-99

DIRECT DEPOSIT

PAYMENTS MAILED BY LAST TWO SOCIAL SECURITY NUMBER DIGITS
May 2, 2008 00-20
May 9, 2008 21-75
May 16, 2008 76-99

Our law firm of Pinkerton, Doppelt & Associates, LLP wanted to post this for your information and hope your stimulus payment arrives according to the above schedule. If not, contact your Certified Public Accountants as necessary.

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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 Pinkerton, Doppelt & Associates, 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.

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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.

If your attorney has passed away and you are seeking legal representation, please do not hesitate to contact our firm of Pinkerton, Doppelt & Associates, LLP either by phone or e mail.

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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, Pinkerton, Doppelt & Associates, 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.

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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 Pinkerton, Doppelt & Associates, 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.

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Posted In: PROBATE

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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 Pinkerton, Doppelt & Associates, 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

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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 Pinkerton, Doppelt & Associates, 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.

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Posted In: PROBATE

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