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San Diego Probate & Estate Administration Law Blog
What is it called when you pass away without a will?
Many people put off writing a will. Say you do so for a few decades, thinking you still have time to get your estate plan together. Then, just before you actually get that plan down on paper, you pass away unexpectedly from a heart attack or in a car accident.Life is...
What is an owner-dependent business?
There are many different types of businesses in the United States, and small businesses -- the most common type -- tend to fall into one of three broad categories. These are owner-dependent, multigenerational or marketable. Let's take a moment to consider the first...
What is one of the biggest estate planning mistakes?
Estate planning is very important, as mistakes can have a negative impact on your family. Unfortunately, people still make some avoidable mistakes, often because they simply don't realize it at the time. To help you avoid this potential pitfall, let's look at one of...
Creating a trust that plans for the unexpected
When you create a trust, it is important to think about the unexpected -- about the things that may happen that you cannot predict. You do not want to accidentally keep money from your heirs when you would have preferred to pass it on to them. You can't change the...
Understanding testamentary capacity
One question that the court may ask when determining the validity of a will is if the person who did the estate planning possessed the testamentary capacity to do so. It's very important to understand what this means and how it can impact an estate plan.Overall,...
A trust can be used for more than education
Say that you want to set up a trust for a grandchild so that they can pay for their education. It's a wise use of your money, and creating that trust can be part of your estate planning.As you do it, though, remember that you can create a trust that the child can use...
Not liking a will is not grounds to challenge
Your parent's will arrives, and you just don't like the terms. Maybe you thought that you'd get a specific asset or maybe you thought more money would go your way. You have been looking forward to it, and now you're disappointed. Can you challenge the will?You may be...
Picking guardians keeps children out of state care
Say you pass away in a car accident, along with your spouse. That's why you're doing your estate planning after all -- to make sure you're ready for the unexpected.If you have minor children, what happens to them in this situation? You can't care for them any longer,...
An out-of-date estate plan can lead to disputes
It is not enough just to have an estate plan. You need to make sure that it is actually up to date. This is a constant process. Writing a will and then forgetting about it for 10 years does not help anyone. Your assets could change significantly in that time.For...