Posted On: April 5, 2002

San Diego Estate Planning: Document Preparation

San Diego, California has seen its share of natural disasters over the years. From fires to floods to other disasters, it is important to insure that your estate planning documents are safe. Your revocable living trust and other estate planning documents are most important as are the list below.

Careful planning ahead of time can ease the stressful process of responding to and recovering from natural or man-made disasters. In the middle of an emergency, when time may be short and the stakes high, is not the time when individuals should be thinking about important papers and safety for the first time. A safety deposit box or other fireproof storage is recommended for your important financial documents.

Good recordkeeping makes sense any time, but becomes especially important in the aftermath of a disaster. Official documents and financial and estate planning papers should be kept together as a comprehensive file in a secure location. The following are some of the documents that should be easily retrievable:

* birth, marriage, and death certificates;

* identification records, such as driver's licenses and passports;

* titles, deeds, and vehicle registrations;

* insurance policies;

* loan information and credit-card statements;

* investment and bank account records;

* income tax information;

* wills and trust documents.

For especially important and hard-to-replace documents, keep a set of originals in a safe-deposit box and a set of copies at home as per the above. Include in your central file the telephone numbers and addresses for the entities with whom you have accounts or policies. Other family members should know where the records are kept.

Advance planning about personal safety means foreseeing the types of disasters your family may face and knowing the steps each person should take in a particular kind of emergency. Select a place in the home where everyone can come together. Confirm your fastest and safest evacuation routes. Identify the most important tasks to be undertaken and assign tasks to the most appropriate persons. Each individual should always have the telephone numbers for family members and emergency help.

If you have any questions as estate planning documents, please contact our law firm by e mail or by telephone.

Posted On: April 1, 2002

San Diego Qualified Personal Residence Trust: Considerations

San Diego, California has seen fluctuations over the years in regards to the value of personal residences. It is important to have an estate plan which considers this advanced estate planning. Our office of Pinkerton, Doppelt & Associates, LLP can assist you with the preparation of this estate plan.

Cash may also be put into the trust, but the trust instrument must limit such additions to amounts needed to pay trust expenses, to make improvements to the residence, and to enable the trust to purchase a replacement residence. Please feel free to e mail our office if you have any questions.

The residence must be used by the grantor as his principal residence, although he may use the premises secondarily for business purposes. A vacation home can qualify for purposes of the QPRT provisions if certain requirements are satisfied.

The trust must prohibit the sale of the residence to the grantor, his spouse, or to an entity controlled by the grantor or his spouse during the period of the grantor's retained interest and thereafter in certain situations.

A QPRT has many technical requirements and establishing one is very complicated. A poorly executed trust has many potential undesirable effects. Anyone considering the use of such a trust should seek qualified legal advice. As with all estate plans and the law, there are changes which occur yearly at a minimum and it is important to consult with an attorney who keeps up on the changes in the law.