San Diego Estate Planning Lawyer Blog

Unfortunately, it occasionally happens that both parents of a minor child die in a common event or accident. If both parents die without an estate plan, a probate judge will have to appoint a guardian. A guardian is responsible for taking care of their “ward” until the child turns 18. This includes such things as housing, food, medical bills, clothing, education, and other incidental expenses. Having the Probate Court choose a guardian for your children may not always result in a guardian that you would have selected.

If the parents have a will or trust designating a legal guardian for their children, the children will be taken care of. A will or a trust allows you to have a say in who takes care of your child upon your death. You are in the best position to know who that individual is. Who is best able to provide a stable and nurturing home for your child - your brother, sister, grandparent, a close friend?

Factors you should consider are:
1. The age of the proposed guardian. Is the proposed guardian young enough to be able to care for the children until they reach adulthood?
2. Ages of your children. Any special needs?
3. Family structure of the proposed guardian. Is the guardian married, single, already have 6 children to raise?
4. Health issues, financial situation, religious views, living arrangements of the proposed guardian. For example would the guardian be able to raise your children in his or her existing home or would you want to provide that they could live in the family home? Does the proposed guardian have the same religious and other philosophical views as you? Does the guardian have any health issues that would have an impact on his or her ability to take care of your children?
5. Willingness to serve. Consult with the proposed guardian to be sure they are willing and comfortable with taking on the responsibility of guardian.

Nominating a guardian for your children is very important but even more so if you are selecting a non family member as a guardian. If the guardian has to be appointed by the Court, family members are usually given priority over non family members. At Pinkerton, Doppelt, & Associates, LLP we can assist you with the appropriate estate planning documents to nominate guardians for your minor children should something happen to you. This is best accomplished with a revocable living trust which will include nomination of guardians for your children as well as pour-over wills, durable powers of attorney for finances, health care directives, and other accompanying documents. Call us or e mail us for a complimentary consultation to discuss guardians and any other estate planning issues.

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

Posted In: GUARDIANSHIP , LIVING TRUSTS

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Estates are comprised of many different assets including homes, bank accounts [Bank of America, Union Bank and others], life insurance [Farmers, State Farm and others], and personal property such as jewelry, artwork, cars, and boats. Sometimes what causes the most squabbles among family members after a death is not the real property or cash but such things as jewelry, collectibles, or other items of strictly sentimental value such as grandma’s ring or grandpa’s gun.

Unless you have left specific instructions as to your personal property in your will or trust, usually it will be divided equally among your beneficiaries. But what is equally? How do you value a family heirloom? As an example, Rosa Parks (who you may remember started the civil rights movement in 1955 when she refused to surrender her seat on a bus to a white rider) had in her estate china that was used when she dined with then President Clinton. How does one determine the value of that particular piece of Wedgwood china? What about Grandma's ring? Something that may be priceless to a beneficiary because of its sentimental value may be worthless in terms of its appraised value. What if two or more beneficiaries want the same item and won’t budge?

If you have specific items of personal property that you want to give to particular people upon your death, you can make specific bequests in your will or trust. Usually however, people have too many items of personal property to list them all in their will or trust. Or they may acquire other personal property after they execute their will or trust or want to change their mind at some point about certain gifts.

To minimize any potential family squabbles, consider making specific bequests of valuable property in your will or trust. You also can include in your estate planning documents a Personal Property Memorandum which lists the intended recipients of your various items of personal property and should be a part of any trust package. At Pinkerton, Doppelt, & Associates, LLP, our estate planning attorneys can assist you with issues relating to disposition of personal property upon your death or with any other estate planning issue. Call or e mail us for a complimentary consultation.

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Posted In: ESTATE PLANNING , LIVING TRUSTS , WILLS

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In San Diego, many opposite sex and same sex couples have been married since the week of June 16, 2008. The California Supreme Court has issued a Writ of Mandamus to the California State Officials to not deny the issuance of marriage license based upon the sex of the betrothed. As such, there are now same sex spouses in California and these marriage are legal as of today and, as all know, there is a proposal for an initiative on the November, 2008 Ballot for same sex marriages to be unconstitutional. Whether the marriages are ultimately held valid or void, it is possible that a same sex spouse married in June of 2008 who passes away before the November elections, would have their estate treated the same as opposite sex spouses which would involve probate if there was not a revocable living trust.

In San Diego, there are two court houses for probate cases: San Diego and Vista. Our law office of Pinkerton, Doppelt & Associates, LLP would be pleased to offer a complimentary and confidential consultation to both same sex and opposite sex spouses for representation in probate or for the preparation of a revocable living trust. Please feel free to e mail or call us to set up an appointment.

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Posted In: PROBATE

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If your child is now 18, there is valuable information for you and your now “adult” child available for free. There is a publication entitled “When You Become 18: A Survival guide for Teenagers" published by The State Bar of California. This pamphlet can be ordered in print form or downloaded from the bar website and answers such questions as what happens if my 18 year old commits a crime? As parents, are we responsible if our 18 year old injures someone with the family car?

One document every adult child should have is an Advance Health Care Directive to appoint someone to make health care decisions in the event of an incapacity. Once a child turns 18, the parents can't make medical decisions for their child. If the parents are divorced or separated and disagree on medical treatment, how is it resolved?

Similar to the Terry Schiavo case, there recently was reported the story of a 25 year old single woman who was brain damaged as a result of a dirt bike accident. She had no living will or power of attorney for heath care. Her divorced parents are arguing over a DNR order (do not resusitate order) signed by her mother and whether the mother or the father should be appointed her temporary guardian to make those end of live decisions.

An Advance Health Care Directive is a document that would have avoided this conflict by naming an agent to make health care decisions and setting forth the young woman's wishes about life support and end of life issues. At Pinkerton, Doppelt, & Associates, LLP we can help you with an Advance Health Care Directive or any other estate planning issue. Please call or email with any questions in this area or to set up a free consultation.

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Posted In: ESTATE PLANNING , HEALTH CARE/ ADVANCED DIRECTIVE

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In California, the law regarding limitations on marriage to members of the opposite sex changed and now spouses of both same sex and opposite sex can have wills which are recognized in exactly the same manner under the laws in San Diego and throughout Southern and Northern California. A will is normally part of an estate plan which may or may not include a revocable living trust. In San Diego, if the total value of the estate is over $100,000 [real and personal property included with no offset for debt] then a revocable living trust will save the beneficiaries money in not having to probate the estate. Probate fees and costs are 4% of the first $100,000, 3% of the second $100,000 and 2% of each succeeding $100,000. In addition, probate is a court procedure which is open to the public and information is not private. There are two probate courts in San Diego: one in San Diego and one in Vista.

The California Supreme Court has made its intentions clear in the recent Marriage cases that there is to be no discrimination based upin sexual orientation or same gender spouses. Our law firm of Pinkerton, Doppelt & Associates, LLP would be pleased to offer same sex spouses the same estate planning services as opposite sex spouses under this new ruling. Please feel free to e mail or call our firm for a complimentary and confidential consultation.

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Posted In: WILLS

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In San Diego, the law changed on June 16, 2008 in regards to marriage ceremony and the issuing of State of California marriage licenses to same sex couples. The law which applied to opposite sex couples is unchanged. In San Diego, both same sex and opposite sex couples will go to the San Diego Superior Court for their marriage.

A recent California Supreme Court Case has taken effect and issues a Writ of Mandamus for all California State officials to perform marriages in accordance with the new ruling which does not define marriage as between a "man and woman".

As such, our law firm of Pinkerton, Doppelt & Associates, LLP is offering the same estate planning services for same sex spouses as for opposite sex spouses. No attorney can guarantee that the state of the law will remain the same. In fact, already there is the proposal for an amendment to the California State Constitution to make same sex marriages unconstitutional.

For decades, opposite sex spouses have enjoyed the benefits of a revocable living trust. Our office would be pleased to offer opposite sex spouses and same sex spouses the same estate planning services in conformity with the new In Re Marriage cases. Please feel free to call or e mail us.

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Posted In: ESTATE PLANNING

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San Diegans, have you provided for your pet in your will or trust? Our firm can assist and please feel free to e mail us. Please review our article regarding pets on our website.

You may remember last year when hotel and real estate magnate Leona Hemsley died, leaving 12 million dollars to her dog, a white Maltese named Trouble. You can view the story of her extraordinary gift in the Washington Post Newspaper. She apparently left two of her grandchildren nothing ‘for reasons known to them” but left millions to her beloved pet.

While the amount may have been extraordinary, it is becoming more commonplace for pet owners to provide for their pets in their will or trust. Even people of modest estates may set aside a certain sum of money to see that their pet is taken care of. $500 to $5000 may not be unrealistic for care of a beloved dog, cat, or horse. Horses may require even more money to maintain as they can often outlive their owners. It is not uncommon for horses to live to be 20 - 30 years old. Expenses for caring for a horse can be as much as $ 5000 - 10,000 per year for such items as food, boarding, vet care, and farrier services.

Estate planning for your pet can be done by incorporating provisions in your own trust or setting up a separate pet trust.

At Pinkerton, Doppelt, & Associates LLP, we can add provisions to your existing trust to provide for pets, or incorporate provisions into a new estate plan. Protect not only your pets but even more important, your heirs, by creating a living trust. Contact us for a complimentary consultation about this or any other estate planning issue.

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Posted In: LIVING TRUSTS

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In San Diego and elsewhere, more and more Americans are suffering from Alzheimer’s, dementia, or other diseases that cause them to become unable to take care of themselves. It is estimated that 1 in 7 Americans over the age of 70 suffer from some sort of dementia.

We are all living longer and as the elderly population grows in the United States, the incidence of dementia and Alzheimers will be increasing. By the year 2050, it is estimated that between 11 and 16 million Americans will have Alzheimer’s disease. Planning for the future needs of such people becomes increasingly important.

When your loved one has been diagnosed with dementia or Alzheimers, family members need to plan for the future. If the disease is still in its early stages, the individual may still have the mental capacity to execute documents such as a Durable Power of Attorney for Finances and an Advance Health Care Directive. If the individual already has a will or trust, these may need to be amended. In addition, long term strategies may have to be considered for such things as in-home care, assisted living, or nursing home placement.

The time to consider these issues is before disease robs the individual of the ability to make these important decisions. Once the individual is incapable of making decisions for himself or herself, family members will have to seek court assistance to set up a conservatorship. It is much less expensive to plan ahead and avoid the time and expense of a conservatorship.

At Pinkerton, Doppelt, & Associates, LLP we can assist family members in planning for the future to avoid a conservatorship of their loved one. If a conservatorship is necessary however, our experienced estate planning attorneys can assist with that as well. Please feel free to e mail us.

There are a number of resources available to families with loved ones suffering from dementia or Alzheimer’s. The Alzheimer’s Association and the Alzheimer’s Disease Education and Referral Center are two websites with information and links.

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Posted In: LONG TERM CARE PLANNING

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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.

If you are a senior with concerns over aging, contact us at the law firm of Pinkerton, Doppelt, & Associates, LLP for a free and confidential consultation. We can help you with documents to appoint someone to take care of your finances if you become unable to do that for yourself or a health care directive to appoint someone to make health care decisions for you in the event you are unable to do for yourself. If you don’t already have a living trust, the creation of one can be an incredible gift to your loved ones who will have to settle your affairs when you are gone.

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Posted In: ESTATE PLANNING

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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.

Ted Williams is also famous, or maybe infamous, for another reason. In 2002 after Ted Williams died, a dispute arose over the disposition of his body. John-Henry Williams, Ted’s son, had the body flown to Scottsdale, Arizona where his head and body were surgically separated and put into cryonic suspension at Alcor Life Extension Foundation. His head was put in one cylinder and the rest of his body upright in another. Barbara Joy Ferrell, Ted’s daughter by his first wife, said her father wished to be cremated and his ashes spread over the Florida keys where he frequently fished. The dispute pitted family member against family member as each had different theories as to what their father would have wanted.

This very public and macabre ending to the baseball star’s life and death illustrates the importance of having your wishes specifically set out in a will or trust. Ted Williams had a will made in 1996 but his son John-Henry found a handwritten piece of paper dated November 2000 which he claimed was signed by his father and set out Ted’s wish to be frozen at Alcor. If you have specific wishes about what should happen to your body upon your death, it should be spelled out in a valid legal document to avoid disputes among family members after your death. You can specify whether you want burial or cremation or some other disposition such as cryonic suspension.

Contact us at Pinkerton, Doppelt, & Associates, LLP for a complimentary consultation about estate planning documents to insure your post-death wishes are carried out. Please feel free to e mail or call us.

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Posted In: NEWS AND COMMENTARY

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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 Pinkerton, Doppelt & Associates, 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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Posted In: PROBATE

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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 Pinkerton, Doppelt & Associates, 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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Posted In: NEWS AND COMMENTARY

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