San Diego Estate Planning Lawyer Blog

In California, the transfer of a car or other vehicle can be done without probate through the DMV. If you are an heir of someone who has died, you can transfer title even though there will be a probate or trust administration. You do have to wait at least 40 days from the date of death before you can transfer ownership.

The DMV form called "Affidavit for Transfer Without Probate" must be completed for all motor vehicles licensed in California. In additional to this form you will also need the Certificate of Title, an Odometer Disclosure Statement, a Statement of Facts, and pay the transfer fee.

DMV offices are located all over San Diego County, in the cities of Oceanside, El Cajon, Chula Vista, Poway, Escondido, Claremont and downtown.

Our experienced probate lawyers at Pinkerton, Doppelt, & Associates, LLP can assist you with any other issues you have relating to probate in San Diego County.

Many elderly people in San Diego are cared for at the end of their lives by caregivers and friends rather than family members. Sometimes they want to provide for those caregivers or friends in their will or trust. Such bequests however can be challenged by family members and other beneficiaries after a death.

The California Probate Code lists seven categories of people who are presumptively unable to inherit under a will or a trust. The list includes the person who drafted the will or trust, the law firm, attorneys or employees of the law firm that are asssociated with the drafting and “care custodians.” A care custodian is defined to include a number of agencies and any "individual providing health care services or social services to elders or dependent adults.”

Those persons mentioned in Probate Code section 21350 who are left an inheritance are subject to higher scrutiny before they can inherit. They can inherit only if they can prove by “clear and convincing evidence” that the bequest to them “was not the product of fraud, menace, duress, or undue influence.” This can be difficult to prove after the death of the individual making the will or trust.

The Probate Code section arose out of a case, Bernard v. Foley, where a 97 year old woman changed her trust three days before she died to leave all of her assets to two individuals, old friends, who had taken care of her after she was diagnosed with lung cancer. Although the two caregivers won at the trial level, the California Supreme Court ruled that a “care custodian” does not necessarily mean a paid caregiver; it could be a personal friend and in fact personal friends would be uniquely in a position to influence the elderly person they care for. The two friends were disqualified from inheriting anything under the trust.

There is a means by which a person wanting to leave assets to a caregiver can do so without risking the possibility that the gift will be invalidated. The Probate Code provides that an individual wanting to make a bequest to caregivers can obtain a Certificate of Independent Review by a second attorney who interviews the testator and determinines whether the testator has been unduly influenced or coerced. We can help with these and any other estate planning issues at Pinkerton, Doppelt, & Associates, LLP.

The simple answer to this question is “before you need it” however knowing when that is can often be difficult. Most of us know to plan for retirement but sometimes we don’t recognize the need to plan for when we or our parents can no longer take care of ourselves.

People are living longer and more people will need long term care than in past generations. Some people do not realize that often what strikes the elderly is not a physical ailment but a mental condition which Medicare will not cover. Medicare typically covers such things as skilled nursing but it usually does not cover custodial care. Paid caregivers at home or home health aides, a nursing home, or other assisted living facilities will not usually be paid for by Medicare.

The time to consider the expenses of long term care is before it is needed so that you can explore such options as long term health care insurance, a spend down of assets to qualify for Medi-Cal, or community services that may be available. Taking the time now to plan, before there is a need, will give you peace of mind to deal with the difficult decisions that arise when the time comes.

The San Diego based estate planning lawyers at Pinkerton, Doppelt, & Associates, LLP can assist with making sure you or your parents have up to date health care and asset powers of attorney and answer questions you have about Medi-Cal. Feel free to contact us if we can help.

Those of us who live here in San Diego know what a great place San Diego is to live and work. Besides the wonderful weather and the proximity to the beautiful beaches of La Jolla, Del Mar, and other coastal areas, there is another benefit you might not realize. California is one state that does not have an inheritance tax.

17 states and the District of Columbia assess an inheritance tax on the portion of an estate received by an individual. This is in addition to the federal estate tax levied on the estate before it is distributed. As we reported in earlier blogs, a federal estate tax will have to be paid on estates over $3.5 million in 2009. States which have an inheritance tax assess it separately against each beneficiary and each beneficiary is responsible for paying the tax to the state, although there may be a lower tax rate for spouses and children of the deceased as opposed to a distant cousin.

A revocable living trust can help reduce estate taxes for couples in California as can other advanced estate planning techniques. If you need to set up a trust or want to know your options for reducing estate taxes, contact us. The experienced estate planning attorneys at Pinkerton, Doppelt, & Associates, LLP would be happy to meet with you at no charge for your first consultation.

Are you following in the footsteps of past Americans utilizing trusts?

If you have a revocable living trust, you are in good company. Many famous people from the past utilized trusts as part of their estate plan.

When the 13 colonies declared independence in 1776, the richest man was a Senator from Pennsylvania named William Bingham. He created a trust in 1804 for his vast estate in Maine.

Joseph Kennedy, father of President John F. Kennedy established many trusts. One was to own the famous Chicago Merchandise Mart. He also created a family trust and many tax shelter trusts. His son, John F. Kennedy, had a trust. So did his son, John F. Kennedy Jr. who died in a plane crash.

William Waldorf Astor created a trust in 1991 saving his heirs millions of dollars which, without a trust, would have gone for probate fees and taxes.

The Rockefellers used various types of trusts to reduce their estate taxes. It has been estimated that they created well over 100 trusts. Likewise, H.L. Hunt, a Texas billionaire, used about 25 trusts, many for his children.

Linda Mc Cartney, wife of Beatle Paul McCartney, had a trust.

Diana, Princess of Wales, left her $35 million estate in trust for her sons William and Harry.

Baseball great Joe DiMaggio created trusts for his great grandchildren.

Ronald Reagan established a trust.

Sir Edmund Hillary, the famous mountain climber who climbed Mt. Everest set up a charitable trust for sherpas in the Himalayas.

You don't need to be rich or famous to set up a trust. Ordinary people can benefit from a trust as the main component of their estate plan. If you still need to set up a living trust for your estate, contact the San Diego estate planning lawyers at Pinkerton, Doppelt, & Associates, LLP for a free consultation.

Many people in San Diego are in the position of choosing a successor trustee for their living trust or they may be beneficiaries of a trust and wonder if the trustee is managing or distributing their inheritances properly. Generally the trustee must administer the trust according to the terms of the trust and the California Probate Code. Here are some of the duties of a trustee of an irrevocable trust in California.

Duty of Loyalty. The trustee must administer the trust in the best interest of the beneficiaries, not using the power to the detriment of any beneficiary.

Duty of Impartiality. Similarly, the trustee must treat all beneficiaries the same, not favor one over another or if the trustee is also a beneficiary, giving himself or herself favor.

Duty to Avoid Conflicts of Interest. The trustee must avoid situations where the trust's interests and the trustee's interests conflict. These situations may arise when a beneficiary owns property in which the trust also has an interest or when a trustee wants to purchase a trust asset.

Duty to Control and Preserve Trust Property and Make the Trust Assets Productive. The trustee has an obligation to identify the trust assets and preserve them so they are not dissipated or lost. A trustee also has a duty to make sure the assets are invested wisely.

Duty to Report and Account to Beneficiaries. The Trustee must keep the beneficiaries informed about the trust administration. The trustee must also prepare statements regarding the assets and financial transactions of the trust to the beneficiaries upon request and at least annually if not requested.

These are just some of the duties of a trustee in California. For more general information, read our article on trust administration. If you need information about your specific situation, contact us at Pinkerton, Doppelt, & Associates, LLP for a complimentary consultation. We handle trust administration, representing trustees and beneficiaries throughout San Diego County.

There are some interesting statistics about women in this country. We all know that women live longer than women and many outlive their husbands. But did you know that 75% of women will become widows at some point in their life? Unbelievably, the average age of a woman when she becomes a widow is 55 years of age! Some agencies compiling statistics suggest that the odds of needing long term care at some point is 50%. Can you guess who the caregivers will be? Women. Women are three times more likely than men to be a caretaker for their spouse. In addition women often wind up being the caregiver for one or both parents.

Because women are having to pick up the pieces after a spouse’s death or incapacity and deal with financial issues, women own a majority of the publicly traded stock in this country. Women own 70% of the wealth and inherit 75% of all the estates. What all these statistics show is that it is essential for women to participate in the estate planning process and understand basic estate planning just as it is advisable for women to become educated about financial issues.

Basic estate planning documents that are recommended for a married couple are a revocable living trust, pour over wills, durable powers of attorney for finances, and advance health care directives. Without such documents, what happens when a husband becomes incapacitated and is unable to sign necessary documents to sell a house, obtain a refinance, or create a trust? The wife has to go to court to have her husband declared incompetent and have herself appointed as his conservator, a costly, stressful, and sometimes lengthy process.

At Pinkerton, Doppelt, & Associates, LLP we have been helping couples for years with planning for the future to assure that whichever spouse is the last to pass away, the transition and financial issues which result are planned for. Call us or e mail us for a complimentary appointment.

If you have a family member suffering with a form of dementia or Alzheimer's disease, you probably worry about them wandering away. The Alzheimer's Association estimates that 60% of dementia patients will wander at some point in their life. A new law is being proposed in California to institute an alert, similar to the Amber Alert, when seniors with dementia go missing.

The program is called a Silver Alert, modeled after the Amber Alert system to locate missing children. Last year the U.S. House of Representqtives passed the National Silver Alert Act to establish a formal public notification when a senior citizen is missing, however the Senate failed to approve a similar measure.

In spite of the lack of federal legislation, about a dozen states have adopted Silver Alert Acts. Florida, which has the largest population of senior citizens, adopted the plan in October 2008 and had success in finding all the seniors who went missing during the rest of 2008.

In California, a bill introduced by Senators Alquist and Correa, would amend the Emergency Services section of the Government Code to provide that law enforcement agencies that are informed of a missing person 65 years if age or older with an impaired mental condition implement public alert procedures. Visiting Angels, an organization that provides in-home care to seniors across the country, as well as other organizations that service seniors, are urging the public to contact their senators to encourage the passing of the bill. Having such a system will give families and caregivers of seniors peace of mind that if their loved one wanders away, the public will be on the lookout for them.