Estate Planning in San Diego
Protecting Your Legacy with Personalized Attention
Estate Planning in San Diego is incredibly important. Additionally, crafting a thoughtful estate plan is one of the most valuable gifts you can leave to your loved ones.
As a San Diego estate-planning attorney who prides myself on attentiveness to each client’s wishes, take the time to understand your family dynamics, financial picture, and long-term goals.
The result is a tailor-made plan that minimizes court involvement, maximizes tax efficiency, and—most importantly—reflects exactly what you want to happen to your assets, your health-care decisions, and your legacy.
Below is an overview of how I guide San Diego families through the process and the key issues we’ll cover together.
Why Estate Planning Matters in California
California’s probate system is notoriously slow and expensive. Without a plan, your estate will be divided according to the state’s intestacy rules, which rarely mirror a person’s real intentions. An estate plan lets you:
- Avoid or streamline probate in the San Diego County Superior Court.
- Control who receives what, when, and how. You can provide for a spouse, protect minor children, or make gifts to charity.
- Name trustees, attorneys-in-fact, and health care agents for finances and health care if you become incapacitated.
- Name guardians and temporary guardians to ensure the safety and well-being of your minor children.
In other words, a well-drafted plan keeps the courts—and potential family conflict—out of your personal affairs.
Protect your legacy with personalized estate planning—let’s get started.
Client Process For Creating A San Diego Estate Plan With Amichai Law
Stage 1 – Free Initial Consultation at Amichai Law in San Diego, CA
At Amichai Law, we offer a free initial consultation to help you feel confident and comfortable about beginning your estate planning journey. During this personalized session, I will answer all your questions, address your concerns, and discuss how our legal services can best protect your assets and loved ones. This no-cost consultation is the first step toward creating a comprehensive estate plan tailored to your needs. The initial meeting can be held online, over the phone, or in person at our San Diego office.
Stage 2 – Intake Process
We provide a detailed questionnaire designed to gather vital information about your assets, beneficiaries, and estate planning goals. Your responses enable Amichai Law to draft a customized estate plan that reflects your wishes accurately.
Stage 3 – Review Meeting
During the review meeting, an attorney will thoroughly review your draft estate plan with you. We ensure it aligns with your goals, values, and family dynamics. Any necessary revisions will be made prior to the signing stage. We will redraft your estate plan until you are completely satisfied that it is exactly as you want it to be.
Stage 4 – Signing and Finalizing Your Estate Plan
This is the signing ceremony - We will make sure all the documents are signed and notarized. Be prepared to leave the meeting with your new estate plan and feeling a strong sense of peace of mind.
Stage 5 – Ongoing Estate Plan Reviews
Your estate plan should be revisited at least every 3 to 4 years to stay current with life changes and legal updates. Amichai Law offers complimentary review sessions for clients and is always available to answer questions or provide clarifications whenever needed.
Wills vs. Trusts: Choosing the Right Vehicle
- Every estate plan should include a will, but not every plan needs a trust.
- A Revocable Living Trust is flexible—you can amend or revoke it anytime while you’re alive and competent.
- An irrevocable trust can deliver powerful tax savings and asset protection but is difficult to change once signed.
Even when a trust exists, we always pair it with a pour-over will to catch assets inadvertently left outside the trust and to nominate guardians for minor children.
Common Questions About Estate Planning in San Diego
What happens if I don't create an estate plan?
If you do not create an estate plan, your estate will be distributed among your heirs under the intestacy laws of the California Probate Code. In addition, your assets may have to go through the probate court.
Do I have to leave everything to my family?
Absolutely not. As a general rule, you can leave your assets to whomever you wish.
Does my estate plan include a will or a trust?
While all estate plans should include a will, not all of them need to include a trust.However, all estate plans requiring a trust will include a pour-over will.
What documents does an estate plan include?
Your estate plan will include a variety of documents, depending also on your life circumstances and your wealth. The most essential documents that should be included in your estate plan are:
A Revocable Living Trust;
A Pour-Over Will;
A Durable Power of Attorney; and
An Advanced Health Care Directive.
What is the difference between a revocable and an irrevocable trust?
The main difference between a revocable trust and an irrevocable trust is that the trust creator can change a revocable trust. In contrast, an irrevocable trust cannot be changed except in very limited circumstances.
Do I have to tell my family what is written in my trust?
No. until the trust creator's death, no one but the trust creator needs to know what is written in a trust.
How hard is it to update a trust?
Minor modifications, like adding assets to your trust, can typically be accomplished without an attorney. Adjusting a distribution percentage or changing a trustee can usually be managed with a straightforward amendment. However, always consult me beforehand to prevent any unintended tax or legal issues.
May I gift part of my estate to a San Diego charity?
Absolutely. Many clients support local causes such as the San Diego Humane Society or Rady Children’s Hospital through specific bequests or charitable trusts.
Can I put conditions on my beneficiaries receiving assets from my trust?
Yes. While certain conditions are prohibited, distributions can be made, subject to certain conditions, for example, the trust creator can condition the distribution of assets to his minor children to occur only when such child reaches a certain age or graduates from college.
Can I leave part of my trust to a charity or a different kind of organization?
Of course. You can leave a portion or the entirety of your trust estate to a charity or other organization.
Do I have to tell my attorney every time I want to change my trust?
For certain changes, yes. However - changes to the trust estate, which are the most common changes can usually be handled by the trust creator themselves. ask your attorney how this can be done correctly.
Does my trust need to get registered anywhere? If so, who do I register my trust with?
In California, a trust is not registered with any government institution.
Who manages my trust while I am alive?
If your trust is a revocable living trust (the most common kind of trust), you, the trust creator, are the trustee and (therefore the manager) of the trust while you are alive and have legal capacity.
What information and documents do I need to provide you to create my trust?
You only need to complete the questionnaire form we provide. That is usually the extent of the information we need, but we will let you know if anything else is required.
The Three Main Parties in a Revocable Living Trust Are:
The Settlor
This is the creator of the trust (only you).
The Trustees
You are the trustee of your trust while you are alive and have legal capacity. However, you need to select successor trustees. These individuals or institutions would replace you as a trustee upon your passing or if you become incapacitated.
The Beneficiaries
Are the individuals who may benefit from your trust during your lifetime and those who will receive gifts from your trust upon your passing.