San Diego Estate Planning Lawyer Blog

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.

Posted by Roy M. Doppelt | Permalink | Email This Post

Posted In: PROBATE

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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.

The businesses also were unsuccessful in claims based on a public nuisance theory. A public nuisance is conduct that substantially interferes with the exercise of a common right of the public. That claim's downfall was attributable to the principle that a private person or business can recover damages for a public nuisance only by showing a special injury beyond that suffered by the community at large. While the degree of harm suffered by the plaintiffs may have been unusual, the harm was not different in kind from that experienced by the rest of the community.

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Posted In: NEWS AND COMMENTARY

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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 Pinkerton, Doppelt & Associates, LLP at lawyer@help411.com.

Posted by Roy M. Doppelt | Permalink | Email This Post

Posted In: PROBATE

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