Law Offices-Scott C Soady Apc

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Mon - Fri:	8:00 am - 4:30 pm

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Carmel Mountain (4 miles)
Poway (7 miles)
Rancho Santa Fe (12 miles)
Escondido (12 miles)

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Extra Phones: TollFree: (877) 435-7411
AKA: Law Offices Of Scott C. Soady, Apc
Other Link: https://www.help411.com
Categories: Attorneys, Accident & Property Damage Attorneys, Adoption Law Attorneys, Automobile Accident Attorneys, Criminal Law Attorneys, Divorce Attorneys, Estate Planning, Probate, & Living Trusts, Family Law Attorneys, General Practice Attorneys, Personal Injury Law Attorneys, Social Security & Disability Law Attorneys, Tax Attorneys, Trust Companies, Wills, Trusts & Estate Planning Attorneys

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Phone: (858) 618-5510

Address: 16466 Bernardo Center Dr, San Diego, CA 92128

Website: https://www.help411.com

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Law Offices-Scott C Soady Apc

Divorce
Adoption
Guardianship
Probate guardianship of the estate is the appropriate judicially supervised proceeding for the management of a minor's estate and the minor needs money during minority for support and/or education.
Legal Separation
A legal separation or divorce can have a profound effect on your estate planning. Under the California Probate Code, a "surviving spouse" has no…

Forgery
Pursuant to California Probate Code section 21306, a no contest clause is not enforceable where a beneficiary with reasonable cause brings a contest based on forgery, revocation, or an action under Probate Code section 21350, which includes gifts to caregivers. To view California Probate Code sections 21300-21308, click here.

Personal Injury
Another type of Special Needs Trust is one set up by the Court as part of a personal injury settlement. These are sometimes called Litigation Special Needs Trusts. A case may have been brought on behalf of the disabled person for a birth injury, a vehicular accident, or other accident resulting in the disability. As part of the settlement for such person, the Court requires the settlement proceeds be put into a Special Needs Trust. A trustee is appointed to manage the litigation proceeds for the disabled minor or adult.
Auto Accidents
Social Security Disability
Many different types of assets can be used to fund the special needs trust. These can include [but are not limited to] money from savings accounts, inheritances, insurance settlement proceeds, legal settlement proceeds and lump sum payments from Supplemental Security Income or Social Security disability. These must be done before the 65th birthday of the disabled person and many set this up early in a child or adult's life when there are going to be government benefits for the disabled person. If a parent wishes to leave funds for their disabled child, it is important that this be done in a special needs trust context rather than a distribution from the estate since a distribution over the limits could disqualify their beneficiary for the benefits they are currently receiving or need to receive. This means that careful planning is needed.

Trusts and Estates

Estate Planning
Wills
Our firm represents, in San Diego, trustees, executors, heirs and other parties to lawsuits in probate court. Probate litigation can include will contests which involve disputes about the distribution of assets, performance of a trustee, conflicts between beneficiaries, a person's status as heir or beneficiary, dispute about the interpretation of a will and others including claims against fiduciaries such as conservators, personal representatives and trustees for issues ranging from misappropriate, self dealing or mismanagement.
Trusts
There are four types of wills: witnessed; holographic; statutory and international. All four of these will be discussed in more detail below. Wills are normally incorporated into a revocable living trust since a will is subject to probate and the attendant fees and costs. The fees can easily be thousands of dollars. If you have a will and not a revocable living trust, we urge you to contact our office for a complimentary in-house consultation only costs you will incur if the will is probated. In San Diego County, there are two courthouses which are for probate. The first is in the Madge Bradley Courthouse in downtown San Diego and the second is in Vista in the North County of San Diego.
Power of Attorney
Powers of attorney are automatically revoked as of the date of death. There is a common misconception that these powers survive death. As this is not correct, it is imperative to have a trust which allows for this authority to survive after death. There are many different powers of attorney however this article will focus on two: general durable power of attorney and special power of attorney.
Probate
The fees set forth in CPC Section represent the maximum statutory fees an attorney may charge for ordinary probate services. In addition, in complex estates or estates which may require "extraordinary" services, the court may allow for added attorney's fees in addition to the statutory fees for ordinary services performed.

Tax Law
What happens to a living trust after the settlor (the person who created the trust) dies? The person(s) or entity named in the trust as the successor trustee has certain fiduciary duties or obligations to fulfill. If these actions are not undertaken, or are handled incorrectly, the successor trustee may be liable for any additional taxes due or may be liable to the trust beneficiaries for mistakes made, even if the successor trustee's actions were done in good faith. Some of the successor trustee's actions are mandated by the terms set forth in the trust document; other actions are required under California law or federal tax law.

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