San Diego Estate Planning Lawyer Blog

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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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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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.

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In San Diego, California, there are exact rules for becoming a guardian which is an appointment by the Court. There are different standards depending on the legal relationship between the minor and the guardian. For example, if you are a relative of the minor then the investigation is completed by Family Court Services. Family Court Services is the mandatory mediation process used in San Diego, California and the mediators are licensed clinical social workers hired by the Court to assist in the agreements and/or recommendations regarding custody and placement of minors. Guardianships are only for minors and this is the age of 18 in California. If you are not the relative of the minor, then a contact with the San Diego Department of Health and Human Services will need to be contacted. Their phone number is 858-616-5907 however numbers often change. If you call and this is not the correct number, please feel free to call the office and we can assist in getting the correct number.

If the guardianship is for the estate only, you will need to contact the Probate Investigators in the Vista Court House at 760-806-6150 or the Probate Investigators downtown at 619-687-2000. This is a very complicated area of the law and the guardianship can be for the person, estate or the person and estate. An analysis really needs to be made at the beginning of the case for the best chance of success. Please visit our website at Pinkerton, Doppelt & Associates, LLP or e mail us for any questions you may have at lawyer@help411.com.

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Posted In: PROBATE

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