Estate Planning

Thursday, March 28, 2024

New Home Contract? Buying a Home? Now's the Time to Consider a Trust – Consult a San Diego County Trust Lawyer

You've found your dream home and your offer's been accepted – this is an exciting time! As you approach closing, your agent, escrow, or title company will ask how you'd like to hold the title to the property. While individual ownership is common, placing your new house into a trust right from the start has compelling advantages.

Why Transfer Your New House to a Trust at Closing?

  1. Effortless Probate Avoidance: Your house seamlessly passes to your intended beneficiaries outside of probate court. This means no costly attorney fees, administrative delays, or undue stress for your heirs.
  2. Control Even After Your Passing: With a trust, you set guidelines for how your property is managed, sold, or distributed.
    Read more . . .

Thursday, March 21, 2024

Estate Planning When Facing a Nursing Home Transition: Questions for a San Diego Elder Law Attorney

The decision to place a parent in a nursing home rarely comes easily. Apart from the emotional toll, significant financial and legal adjustments are often necessary. While immediate well-being takes priority, it's vital to safeguard your parent's assets and long-term care needs with proactive estate planning.

Questions to Guide Your Consultation

As San Diego elder law attorneys we focus on addressing the intricate needs of aging individuals and their families. During your consultation, explore these crucial questions:

  • Power of Attorney: Is the existing Power of Attorney (POA) sufficient? Does it clearly grant the right to handle financial transactions, make care decisions, and sell or shift ownership of property if necessary? Updating a POA might be advisable.
    Read more . . .

Thursday, March 14, 2024

Are All Trusts Living Trusts? A San Diego Estate Planning Lawyer Explains

The word "trust" gets used quite broadly, creating potential confusion. While a "living trust" is a widely discussed instrument for estate planning, it's crucial to understand that not every trust is a living trust. Below our San Diego estate planning lawyers break down the key distinctions.

What is a Trust?

Simply put, a trust is a legal arrangement where someone (the grantor) places assets (property, investments, etc.) under the management of another, who serves as trustee for the benefit of named beneficiaries.
Read more . . .

Friday, March 8, 2024

Leaving a Legacy to Your Nieces and Nephews: What to Know and Why You Need a San Diego Will and Trust Lawyer

If you share a close bond with your nieces and nephews, ensuring they're included in your estate plan is natural. However, the laws of inheritance can complicate things, especially for younger beneficiaries. Let's unravel the factors to consider:

How Inheritance Laws Work without a Will

When you die without a will (known as dying "intestate"), state laws dictate how your assets are distributed. In most cases, these laws prioritize descendants in order of lineage:

  • First in line: Your spouse and children.
  • Next: Your parents.
    Read more . . .

Thursday, February 29, 2024

Why Setting Up a Trust is a Smart Move When Buying a New Home According to a San Diego Trust Attorney

Buying a new home is more than just a significant financial investment; it's a key component of your overall estate. As you embark on this exciting journey, it's crucial to consider how this asset will be managed, both now and in the future. One effective strategy for managing real estate assets is setting up a trust, a tool that a knowledgeable San Diego trust lawyer can help you navigate. 

Understanding Trusts in Estate Planning

 A trust is a legal arrangement where one party (the trustee) holds and manages assets for the benefit of another (the beneficiary). In the most common type of trust used to hold personal residences during the lifetime of the person setting up the trust, that person or persons, the trustee or trustees and the beneficiary or beneficiaries are one in the same.
Read more . . .

Monday, February 26, 2024

Revocable vs. Irrevocable Trusts: Key Differences Explained by a San Diego County Trust Attorney

When it comes to estate planning, understanding the different types of trusts available is crucial. Two common types are revocable and irrevocable trusts, each with its own set of features and benefits. As a San Diego County trust attorney, I often encounter questions about the differences between these two types of trusts and which one might be the best fit for a particular estate plan. 

What is a Revocable Trust? 

A revocable trust, also known as a living trust, is a flexible estate planning tool. The grantor – the person who creates the trust – retains the ability to modify or completely revoke the trust at any time during their lifetime.
Read more . . .

Thursday, February 22, 2024

Navigating Global Ties: San Diego Estate Planning for Individuals with International Connections

In our increasingly globalized world, more people find themselves being citizens in one country while owning property in another, being temporary or ‘permanent’ residents in California, calling San Diego home while living abroad or holding dual citizenship. Our growing international connections bring unique challenges in estate planning, particularly when it comes to navigating the legal landscapes of multiple countries. For foreign expatriates, non-U.S. residents holding U.

Read more . . .

Monday, February 19, 2024

San Diego Will and Trust Attorney on Preparing for Life's Surprises: Estate Planning for the Unexpected

Life is full of surprises, and while we can't predict every turn, we can prepare for the unexpected. Whether it's sudden incapacitation or an unforeseen financial shift, having a comprehensive estate plan can provide much-needed peace of mind. As experienced Will and Trust Lawyers centrally located in Mission Valley, we understand the importance of being prepared for every eventuality. 

The Importance of Advanced Directives in Case of Incapacity 

One of the most critical components of estate plans for San Diego County residents is preparing for the possibility of incapacity. An Advanced Directive (sometimes called a living will or a healthcare power of attorney) and a Durable Power of Attorney for financial matters empower you to designate someone you trust to make healthcare and financial decisions on your behalf.
Read more . . .

Tuesday, September 12, 2023

Filing for Divorce in San Diego? Why Updating Your Estate Plan is Crucial

Going through a divorce is an emotionally charged, challenging process. Amid the whirlwind of legal proceedings, contacting an estate planning attorney might not be at the top of your to-do list—but it should be.

A divorce, often referred to as dissolution of marriage, can stretch over many months, sometimes even years. During this period, it's vital to reassess what would happen to your assets, or even yourself, should you become incapacitated or pass away before the divorce is finalized.

What Happens If You Don't Update Your Estate Plan?

Without an updated estate plan in the face of a looming divorce, your soon-to-be-ex may still be entitled to everything outlined in your existing estate plan, or as decided by the courts as if all was wonderful in paradise if no estate plan is in place.

Read more . . .

Tuesday, April 13, 2021

Power to Appoint or Disappoint

The Pros and Cons of Powers of Appointment

An often misunderstood but common estate planning tool that can appear in estate planning documents is the power of appointment. Not to be confused with a power of attorney (the document that allows you to delegate certain powers to an agent to act on your behalf while you are still living), a power of appointment can be an incredibly useful tool if used properly and knowledgeably.

A well-considered power of appointment allows you to maintain significant flexibility in your estate plan now and in the future, even when that estate plan is otherwise considered irrevocable under the law. Though hundreds of pages of books, scholarly articles, court decisions, and tax regulations have been written on the topic of powers of appointment, this blog can help you identify opportunities in which powers of appointment may be useful and recognize cases in which they can create negative consequences.

What Is a Power of Appointment?
Broadly speaking, a power of appointment is a right granted in a legal document, including in a will or a trust, by an individual (the donor) to another person (the donee or the power holder).

Read more . . .

Monday, April 27, 2020

Spring Cleaning

With all of the crazy things happening in the world right now, I am doing my best to look around and appreciate that we have moved into spring. The flowers on the hills and along the freeway entrance and exit ramps are almost a good excuse to go out and come back to fight the cabin fever without stopping anywhere or being in physically near anyone. The flowers in my yard must have known that we would be looking at them more this year – they are incredible.

Being socially distanced has thrown us all into extended spring cleaning. During that spring cleaning, don’t overlook the importance of a little “Spring Cleaning” for your legal and financial affairs, too.
Read more . . .

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The Attorneys of the Weissler Law Group assist clients in San Diego, California as well as in: Coronado, Pacific Beach, Del Mar, Solana Beach, La Jolla, Del Cerro, La Mesa, Lemon Grove, Santee, El Cajon, Rancho Bernardo, Poway, Escondido, National City, Spring Valley, and Chula Vista.

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