The San Diego Estate Center

We Can Plan Any Estate In California - The Law Offices of Roy Newman

California Probate Guardianships - No Contest Clauses in a Will or Trust May Not Apply to Minors

A minor who nominated his mother as guardian ad litem (See What is a California Guardianship?) does not voluntarily participate in a probate proceeding triggering a no contest clause provision in a will or trust. Safai v. Safai, 164 Cal.App.4th 233 (2008).
“The Trust (What is a Revocable Living Trust?) and the will both included [...]

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 [...]

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 [...]

Eight Signs Your California Tax Shelter or Offshore Asset Protection Trust Is Actually Tax Evasion

Now that the big accounting firms have been stung by IRS investigations, indictments, and convictions of the promoters of off the shelf tax shelters (like the POPS, PICOs, and FOCUS of Arnold and Porter), they have largely stopped offering speculative “investments” and offshore asset protection trusts. Now “a few smaller accounting and regional law [...]

The Revocation of California Revocable Living Trusts - California Dreaming Turns to California Scheming?

Statutory Trust Revocation May Reward Devious Spouses - Punish Sloppy Trust Drafting
It has long been settled that under California probate law, if the trust does not provide for an exclusive method of revocation, the settlors may revoke either by the method contained in the trust or by resort to procedures outlined under statutory revocation. [...]

Why You Need A Guardian and How to Choose a Guardian

Many parents do not realize that if circumstances suddenly change, as in unforeseen death, incapacity, or some other circumstance prevents their ability to care for their children, a legal guardianship process will be instituted in which a caregiver is selected by a California probate court. For example, if a parent were arrested while her [...]

What is California Probate? Supervising Judge of Los Angeles Probate Department Knows the Answer

For those looking to learn information about California Probate Court, Supervising Judge Aviva Bobb of the Los Angeles Probate Court gives real life examples of the practice of probate in her jurisdiction. Probate cases include living trust proceedings, conservatorships, guardianship, estate distribution, minors’ compromise, elder abuse restraining orders, petitions to authorize medical treatment and [...]

California Living Trust Mills – Scams, Elder Law Seminars, and High Pressure Tactics

A California company has been sued for the unauthorized practice of law in several jurisdictions after selling living trusts over the phone to senior citizens. The Minnesota Attorney General initiated suit against two California companies – American Family Legal Plan and Heritage Marketing and Insurance Services, Inc., “for operating a ‘trust mill’ scheme [...]

Offshore Trusts and Asset Protection Trusts Are Among 10 Things Millionaires Won’t Tell You About

An article by Smart Money highlights 10 Things Millionaires Won’t Tell You, and here are some of the highlights:
The first is that the millionaire club is not as exclusive as it once was – nearly 10 million households qualify – double the number of 2002, largely due to inflation.
The average GPA of [...]

keep looking »