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San Diego: Probate Appeal Case re: Divorce

San Diego has many divorced spouses. A recent case in the Court of Appeal published March 27, 2008 and modified on April 16, 2008, illustrates the need for an estate plan post divorce. The attorney fees were ordered to be paid by each party so both sides spent thousands of dollars in litigation when a proper estate plan would have avoided this costly and time consuming litigation. Do not let this happen to you or your beneficiaries. The investment in the cost of a revocable living trust alone would have saved thousands of dollars in legal fees and costs.

The case of Estate of McDonald involved a divorced man and woman. The parties had a legal judgment and this included that there was a termination of all marital property rights. The man died without an estate plan and the case went to Probate Court. The woman alleged that she was the rightful heir under the laws and the parents of the man alleged that they were the rightful heirs under the law. The Trial Court found that the woman was not the “surviving spouse” under the terms of the Probate Code. The Court of Appeals agreed.

At our firm of Law Office of Scott C. Soady, A Professional Corporation, LLP, we do not want your family to incur thousands in legal fees and costs when this is not necessary. Please e mail us if you have any questions or call for a complimentary and confidential consultation.

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