Author: Tim Foley

By making a revocable living trust, you have reduced the cost and expense of administering your estate at death. The slow, tedious, and expensive probate process is avoided.  The person you named as successor trustee takes over for you. But… READ MORE

A will contest or challenge cannot be brought by just anyone. Instead, the courts have a clear definition as to who can contest a will and who is unable to. Also, there are specific requirements for challenging a will; and… READ MORE

A pour-over will is one that serves as a catch all. It captures all assets that are not included or transferred into a living trust. For a living trust to work, it must be funded. This requires the testator to… READ MORE

Digital estate planning is the new form of estate planning services in San Diego and around the country. It is the process of organizing digital property and assets and creating a plan for how they will be distributed upon death.… READ MORE

Once a living trust is created, a testator must engage in the process of transferring personal assets into the trust. Once successfully transferred, the assets no longer belong to the testator. Instead, they belong to the trust. This is referred… READ MORE

The California Superior Courts probates a will in San Diego. During the probate process, a legal will is assessed and the deceased’s assets are transferred to beneficiaries listed in the will. Debts are satisfied, including all applicable taxes, and the… READ MORE

Can you, or a family member, find your trust (a copy) or your will (the original)? Many decades ago, the family lawyer who wrote the original will would want to hold onto it (with the client’s permission), and not even… READ MORE

Trusts and Wills have this in common– each states how assets will be distributed at death. But they differ in many ways. WILL: Two witnesses sign. TRUST: No witnesses sign. WILL: Should not be notarized. TRUST: Virtually all trusts are… READ MORE

You want to refinance your San Diego house which is in your trust. Interest rates are reasonable, if not low, for mortgages, or “deeds of trust”. But you fear that rates might rise soon, so you want to work fast… READ MORE

Understanding The Probate Process And How Long Probate May Take A legal will in San Diego will still go through the probate process. One of the most common concerns among family members and even testators when they create a will… READ MORE