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San Diego Estate Planning: Death, Incapacity of San Diego Attorney

In San Diego, California there are thousands of attorneys. Some attorneys in San Diego are in solo practice and some in partnerships or other business formations. It is, of course, not unusual for an attorney to pass away while representing current clients or having documents of former clients. Many clients do not know that there is a system in place for assisting client’s to have their original estate planning documents transferred. In addition, if the attorney lacks capacity to continue to represent clients or is no longer a member of the State Bar of California, then this system will also apply.

In this procedure, the original estate planning documents in the control of the attorney may be transferred to another attorney of to the Superior Court Clerk of the County in which the client’s last residence is. For ease of use, clients can contact the State Bar of California or the San Diego Superior Court Clerk’s Office.

Estate planning documents which are included in this are a signed original will, declaration of trust, trust amendment or other document modifying a will or trust, a signed original power of attorney, a signed nomination of conservatorship and some other writings.

If your attorney has passed away and you are seeking legal representation, please do not hesitate to contact our firm of Law Office of Scott C. Soady, A Professional Corporation, LLP either by phone or e mail.

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