How To Find A Good Wills, Trusts, or Probate Attorney In San Diego?
What is the best way to find a good estate planning or probate lawyer in San Diego? First, the Law Office of Roy Newman can provide excellent estate planning services for a wide variety of estates. Even if you do not choose to use us, you should contact the office so that I can help [...]
Will I Inherit from My Husband or Parent If I Kill Them (Part II)? The Answer Could be Yes
A Wisconsin court has ruled that giving a loaded shotgun to a suicidal parent is not the proximate cause of the parent’s death (although it is the actual or but-for cause), so that a wife and daughter of the man may inherit his $500,000 estate. The man was terminally ill with lymphoma and his [...]
Tax Shelters: Offshore Asset Protection Trusts Become a Political Hot Button
Barack Obama has aired a new ad accusing John McCain of favoring offshore asset protection trusts that operate as tax shelters in Bermuda. McCain is alleged to have taken $50,000 while on a lobbyist supported vacation from those who have benefited from the trusts. You can see the ad here, courtesy of the [...]
California Executor and Personal Representative Duties: Filing the Estate Tax Return
If you are appointed as executor, administrator, or personal representative (What are the duties of a personal representative?) of an estate, you are responsible for filing a tax return. An estate tax return must be filed within 9 months of the decedent’s death. Internal Revenue Code §6075. You may file for an extension [...]
How Much Does Probate Cost In California?
Probate is an expensive proposition in California. The cost will vary depending upon the size of the estate, but one thing is guaranteed – your estate will pay much more than the cost of a living trust. San Diego probate fees include the cost of filing, notice of publication in the San Diego [...]
California Probate Litigation: The Heirs of Superman’s Creators Reclaim His Copyright
The executors (See “What is a California Personal Representative?“) of Superman’s estate – Joanne Siegal and Laura Siegal Larson – have successfully reclaimed the estate’s half of Jerome Siegal’s copyright of Superman by terminating its grant to Warner Brothers, Time Warner, and DC Comics.
The opinion is an interesting read on the creation and promotion of [...]
Who May Write a Will? Requirements to Make a California Will
Who may write a will in San Diego? Any person that is eighteen years of age and of sound mind may write a will (But should you? See Will Advantages; and Disadvantages of a Will). A person is of sound mind if they understand the rights, risks, and consequences of the testamentary act, [...]
How Do I Revoke My Will? Will Revocation – How to Revoke a Will In California
A will is a living, breathing legal document (See “What Will Happen if I Die Without a Will?”. There are many ways in which people have tried – and failed – to revoke California wills (See “Advantages of a Will” and “Disadvantages of a Will“) that have produced unexpected and unintended results. Just [...]
Criminal Tax Evasion - Trouble Ahead for San Diego Asset Protection Lawyers and Attorneys?
In a previous article, “Eight Signs Your California Tax Shelter or Offshore Asset Protection Trust Is Actually Tax Evasion,” I pointed out that several partners were in trouble at Arnold and Porter for promoting abusive tax shelters. The current state of charges, indictments, and investigations against other firms are almost too numerous to count.
Indictments [...]
The State of San Diego Estate Planning: Most Lack A Will, Trust, or Health Care Directive
If San Diego estate planning is anything like the rest of the nation, it is in pretty bad shape. The National Association of Estate Planners & Councils has planned the third week of October for a National Estate Planning Awareness week. The reasons for the promotion?
70% of Americans do not have a [...]
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