Law Office of
Teddy R. McNamara
 For Estate Planning or Probate Services Call: 619-528-1212
Estate Planning Services:

Who Should Look Into Estate Planning?

You should look into estate planning if you have any of the  following;

• If you have any real property, like a house, land, condo, apartment building or vacation home.

• If you have any family, children, close friends or loved ones. • If you are at risk of losing capacity or aging.

• If you are married, recently divorced or in a domestic partnership.

• If you are single.

• If you own a business, are a doctor, lawyer, dentist or other professional with unique estate and tax needs that must be met.

• If you have assets such as stocks, brokerage accounts, IRAs, other tax deferred retirement accounts, bonds, LLC, corporation, patents, trademarks, copyrights, royalty interests, interests in mineral rights, digital assets, notes, deeds of trusts or trusts deeds and back accounts.

• If you are in a second or third marriage. 

• If  you want to give to Charity or create a foundation. 

• If you want to reduces taxes, unnecessary costs, delays and prevent financial losses from the time value of money when loved ones do not have access to your assets if you lose capacity. 

• If you have a pet. 

• If you are a resident Non US citizen living in the United States. 
  
• If you want to make gifts to children, family or friends and want to know the tax impact of these gifts. 

• If you have an interest in a Irrevocable GST Trust and have a General or limited Power of Appointment in said trust.

• If you have questions about the different ways to hold title to real property.

• If you have someone that needs special care or has a disability.    


Why You Need an Estate Planning Lawyer?

With correct estate planning there are many benefits that will save time, money, and frustration.  You can avoid many future pitfalls and gain benefits such as;

• Probate Court Avoidance, the time it takes and all the hassles involved. 

• Minimize estate and gift tax impacts.

• Minimize capital gain taxes. 

• Avoid a costly Property Tax Reassessment under Prop 13 when a parent dies. 

• Minimize the risk of family disputes, Will and Trust Contests. 

• To keep assets in an irrevocable Trust. 

• Have a clear plan for distributing your estate to loved ones.

• Maintaining Privacy. 

• Avoid costly mistakes from online do-it-yourself Wills and estate planning documents.

• To have a trusted Trust and Estates Lawyer to be your Family Lawyer over time to counsel and advise your family and loved ones for your life.

• Have control over your estate if you lose capacity or die. Nominate Guardians for your Minor Children.  

• Plan for your family in the event of incapacity.

• Outline your distribution to minor and children and have creditor protection.

• Establish the Criteria for distributions to your children.

 

What Documents are in a Typical Estate Plan?

Estate planning is far more then a simple Will.  It should include these building blocks to create a complete estate plan.
  • Living Trust and Pour-Over Will
  • Durable Power of Attorney for Assets
  • Advance Health Care Directive (your Living Will)
  • Nomination of Guardians for minor children
  • Declaration of Marital Property (reduce capital gain tax for surviving spouse )
  • Assignment of assets into Trust
  • Transfer Deed of Real Property into Trust
  • Preliminary Change of Ownership for tax assessor
Get the peace of mind of a complete plan.

These documents provide for a secure future with the flexibility that is necessary in the world today. 


When you Need a Probate Lawyer?

1. You die with a Will.

2. You die with assets in your name alone with a value of more than $150,000 excluding Real property.

3. You do not have a Living Trust

4. You have real property titled in Tenants in Common and die or in Joint Tenancy or Community Property and the survivor dies. 

5. You have Real Property in name alone with a value of more than $50,000 and you die.

6. You have a Life Insurance policy or IRA and there is no beneficiary designated or your primary beneficiary died and there is no contingent beneficiary listed. 

7. You do not fund your Living Trust.

8. You have Creditor issues and need to protect the estate.

9. A loved one dies and there is a Wrongful Death Claim or Elder Abuse Claim. 

10. You have a Will with a Testamentary Trust.

11. Your Will or Trust is being contested.

12. Your Estate has limited assets to pay debts and creditors.

We offer free initial consultations for estate planing and Probate. We offer discounts to Union Members, and referrals from seminars and existing clients.
Often, more than one area of expertise is required. With us, there's no need to hire a multitude of attorneys. We can provide you with comprehensive legal support allowing us to advocate for you in many areas of law.

Our team of dedicated
legal professionals is well-versed in many specialized areas of law, bringing a diverse background to the table. This gives us an edge when dealing with complex legal matters.


Law Office of Teddy R. McNamara
110 Juniper Street
San Diego, CA 92101
Office: 619-528-1212, Fax: 619-501-2565
teddy@yourtrustlawyer.com