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Wills: Same Sex Spouses

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 Law Office of Scott C. Soady, A Professional Corporation, 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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