San Diego Estate Planning Services
WILLS AND TRUSTS
Unless you have a carefully crafted estate plan, someone other than you will make decisions on your behalf when you are no longer able to do so. And this does not only apply to your assets and finances. Someone else will make healthcare decisions, end-of-life decisions, funeral arrangements, and even the custodial, educational, and religious decisions for your children.
San Diego Family law attorney Michael C. MacNeil will create an estate plan that puts into motion your wishes for who acts on your behalf and specific instructions for how you want to be cared for. Further, you will be able to provide for your family and save them the costs associated with administering an estate which lacks a will and trust. Most estate plans that I draft can be done for a flat fee.
TRUST and PROBATE ADMINISTRATION
When the time comes for a trustee to take control over a person’s estate, either by incapacity or death, the law requires numerous procedures be followed. I can guide you through the process and put into practice the wishes established by the estate plan.
In San Diego Probate is required when someone dies with a will, but no family trust, or when someone dies without any will at all. It is a complicated, lengthy process which requires the guidance of an attorney. A representative of the estate will need to be appointed. That person will have a number of responsibilities and is eligible for fees for performing those duties. Different types of assets have different rules which your attorney will help in dealing with. Numerous issues may arise which complicate probating an estate, such as assets which are outside the decedent’s county of residence, a will contest, litigation, and omitted spouses and/or children.
If a loved one has lost the ability to care for him- or herself, it may be necessary to establish a conservatorship so someone else can care for that person. This procedure is used when someone has not created an estate plan which nominates an agent to make decisions on the person’s behalf. A petition must be filed in court and will be monitored from time to time by the court. San Diego Family Law Attorney Michael C. MacNeil can assist you in assuming control over your loved one’s affairs.