Estate planning, probate, wills, living trusts, POwer of attorney

Asset Protection

Asset protection is a crucial aspect of estate planning law in San Diego. It helps individuals and families safeguard their assets and property from potential threats. In this section, we will discuss the primary threats that asset protection aims to guard against.

Asset Protection Attorney Oeanside, CA

What Is Asset Protection, And Why Is It Important In?

Asset protection refers to the legal strategies and techniques used to protect one's assets from potential risks such as lawsuits, bankruptcy, divorce, or other financial threats. The city of San Diego has specific laws and regulations in place regarding asset protection, making it a popular destination for individuals looking to safeguard their wealth.

Under California law, an individual's assets are vulnerable to creditors and other legal actions. However, the state also recognizes the importance of asset protection and has implemented laws to provide individuals with options for safeguarding their assets.

One of the primary reasons why asset protection is crucial in San Diego is due to its strong economy and high-earning population. The city boasts a diverse business landscape, including several industries such as technology, biotechnology, healthcare, and tourism. With a robust economy, individuals in San Diego often have a high net worth, making them prime targets for legal action.

Additionally, California is known for having strict liability laws, meaning that individuals can be held personally responsible for the debts and liabilities of their business or partnership. This puts personal assets at risk if there are any financial issues within a company.

Considering these factors, asset protection is essential for individuals in San Diego to safeguard their wealth and mitigate potential risks. By implementing legal strategies, such as creating trusts, forming LLCs, or purchasing insurance policies, individuals can protect their assets from being seized by creditors or other legal actions.

Moreover, with the rise of litigation and lawsuits in our society, it is becoming increasingly important for individuals to have a solid asset protection plan in place. In San Diego, where high-earning individuals are more vulnerable to legal actions, having an effective asset protection strategy can provide peace of mind and protect one's hard-earned wealth.

In conclusion, the city of San Diego has specific laws and regulations in place regarding asset protection, making it a popular destination for individuals looking to safeguard their assets. Whether due to the city's strong economy or strict liability laws, asset protection is crucial for individuals in San Diego to protect their wealth and mitigate potential risks. By understanding the legal definition of asset protection and implementing effective strategies, individuals can secure their financial future in this thriving city.

Additionally, it is important to note that asset protection should not be seen as a means to cheat or evade creditors. It is a legitimate legal process that allows individuals to protect their assets while still fulfilling their financial responsibilities. By working with experienced attorneys and following the laws and regulations in place, individuals can ensure that their assets are protected while maintaining ethical standards.

In essence, asset protection is about being proactive and responsible in managing one's wealth in an increasingly complex and litigious world. So, if you are a high-net-worth individual living in San Diego, it is crucial to prioritize asset protection and seek professional guidance to safeguard your hard-earned assets.

Overall, understanding the legal definition of asset protection and its importance in San Diego can help individuals make informed decisions about their financial security and protect their assets for years to come. Take the necessary steps to secure your wealth and enjoy living in this vibrant and thriving city with peace of mind.

Consultation with an experienced estate planning attorney in San Diego can help individuals navigate the legal complexities and create a comprehensive plan tailored to their unique needs and goals. Start your estate planning journey today to secure your future and leave a legacy. So, it is important to plan and create a comprehensive estate plan that reflects one's wishes and protects their loved ones in the city of San Diego, California.
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Our Practice Areas

Asset Protection

Asset protection is a crucial aspect of estate planning law in San Diego. It helps individuals and families safeguard their assets and property from potential threats. In this section, we will discuss the primary threats that asset protection aims to guard against.

Estate Planning

Estate planning is the process of planning for the management and distribution of a person's assets (such as property, investments, and personal belongings) after their death.

Probate

When someone dies without a proper estate plan, Probate is the process that the court will use in distributing the property, and figuring out who the property is to be distributed to.

Special Needs Trusts

A special needs trust is a trust created for minors or adults that have some special need due to such things as learning disabilities, physical disabilities, etc.

Wills

Estate planning is the process of creating a plan for how an individual's assets will be managed and distributed after their death.

Living Trusts

Whether you are a long-time resident or a recent transplant to sunny San Diego, setting up a living trust can provide peace of mind and protection for your assets.

Irrevocable Trusts

What is an Irrevocable Trust? Just that! Irrevocable. You can’t change it after it has been created. This sounds kind of scary, but it has some wonderful uses.

Power Of Attorney

A power of attorney is the means you use to have your affairs managed should you become unable to manage your own affairs.

Advance Healthcare Directive

You have both the right and the ability to make decisions about your own health care. Because of that, you may also allow another person to make these decisions for you.

Frequently Asked Questions

A Plan Built Especially For You

When it comes to wills, trusts, and other types of estate planning, no two situations are the same. This is why my most important job is to listen to what you want to achieve in order to advise you on the best plan possible. Each and every document of your estate plan will be prepared by a licensed attorney to ensure your wishes are properly achieved.

Once Again, Proof Positive! - A robust, superbly drafted Revocable Living Trust centered estate plan is a superior method to prevent loss of time and money, and achieve your desires.

Affordable Plans, Competitive Rates, and Peace of Mind

You do not have to trade sound professional legal advice for a reasonably priced will, trust, or complete estate plan. My law office offers packages that are affordable and competitively priced.

With so much riding on your decisions, you and your family cannot afford mistakes. An attorney, like myself, who practices estate planning is the only person who can properly guide you to ensure your wishes are carried out and give you the peace of mind that comes with a properly executed and implemented estate plan.

What Do I Get With an Estate Plan Prepared by William Daniel Powell?

You will get an affordable plan, at a competitive rate, and the peace of mind that comes with a plan built especially for you.

Your exact situation and desired distribution will dictate the means to be used, as well as the ultimate cost of the plan. However, every estate plan I create contains the Revocable Living Trust, Certificate of Trust, Trust Summary, Pour-Over Will, Durable Power of Attorney, California Advanced Healthcare Directive, funding instructions for various assets, and the funding of your residence with a new deed and Preliminary Change of Ownership Report prepared by my office to put the residence into your trust. All documents are attorney prepared, and all advice is given by an attorney.

Legal Zoom won’t help you with funding or provide legal advice on such a personal level! Further, I will review the estate plan I create for you every three years, upon your request, with you for no additional charge*. Moreover, I am more than happy to discuss future changes to your situation, or family situation, as they arise and how it may impact the plan I drafted for you, at no additional charge*.

*Modifications will be at an additional charge.

But If I Create A Revocable Living Trust, Will I Lose Control of my Property?

Absolutely not. Think of a Revocable Living Trust as a bucket. It is a bucket that you constructed, and one which you hold. You are free to put things into the bucket, and take them out whenever you like. In the event you become incapacitated, you can determine whom you would like to hold the bucket on your behalf. In the event of your passing, you determine how the bucket is to be poured out to your family and friends. Moreover, the bucket and its content are not public record.

What Does Probate Cost?

California Probate Code sets the rate currently as:

  • 4% of the first $100,000 of the gross value of the probate estate
  • 3% of the next $100,000
  • 2% of the next $800,000
  • 1% of the next $9 million
  • .5% of the next $15 million

Keep in mind that the value of the estate is based on the value of the asset, and not its equity. Therefore, if you own a home valued by the appraiser at $500,000 and you have a mortgage balance of $400,000 – the value is not $100,000 but the full $500,000. Also, for example, let’s say you also have other property such as accounts and a car or two (worth an additional $150,000) that raise the total value of the estate to $650,000.

So the attorney probate fees for the estate break down like this:

  • 4% of the first $100,000 = $4,000
  • 3% of the next $100,000 = $3,000
  • 2% of the remaining $450,000 = $9,000

For a total fee of $16,000

So given everything we know now, let’s see what the potential costs will be for a simple $650,000 estate. This can be any combination of probate property, but let’s say the home is $500,000 (not difficult in California) and an additional $150,000 in probate property. Please keep in mind that fees given are approximate and may vary by location, changes in laws, or other factors.

  • $400 Court filing fee
  • $650 appraisal fee
  • $150 publication fee
  • $16,000 attorney fees
  • $16,000 executor fees (potential)
  • $400 fee to file Petition for Final Distribution Total of $17,600 to $33,600

So you see that an average cost of $1,000 to $2,500 for a Revocable Living Trust Centered Estate Plan is far more affordable than the cost of a $10,000 to $30,000 probate.

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Estate planning to meet your goals

With information contained within this website about wills, trusts, and other estate planning instruments, clients will have a better understanding of the process and different methods of estate planning and will be better prepared to describe the goals they wish to carry out with their particular estate plan. This will help refine and streamline the process so that the client gets outstanding legal service without unnecessary costs. This will help Mr. Powell in his goal of forwarding the legal profession by providing excellent legal service and creating happy clients.

Customer Testimonials

Mr. Powell was very thorough and explained everything in plain language so we laypeople could understand. He completed everything in a timely manner.

Neal

As someone who helps the senior community for a living, I am always running across clients that need an estate plan or need their current trust updated. I always feel 100% comfortable referring Mr. Powell. He has always been a very thorough and kind professional to all of my clients that I have referred to him. They always are very complementary about him, his services and his rates. Just a good guy who is an estate attorney and can help with very important things. Give him a call.

Steve Korts

I have had the good fortune of knowing Dan Powell for about five years, both personally and professionally. He has always demonstrated professionalism in his knowledge of estate planning, while also conveying attributes I consider to be equally-valuable: honesty, integrity, and ethics, all while maintaining a healthy sense of humor (which I appreciate!) I would highly recommend Dan to anyone in need of professional estate planning services!

Jim Lackey

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