By Miriam Raftery

November 11, 2015 (Alpine)—An appeal by neighbors and two additional requests for permission to file appeals to the County’s stipulated administrative enforcement order authorizing Covert Canyon to conduct firearms training for military, government and law enforcement at its Alpine property.  The requests for appeals will be heard as item 5 on the Planning Commission agenda Friday, November 13.

The formal appeal was filed on behalf of Clark F. and Robin Williams, neighbors with property adjacent to Covert Canyon.  View the Williams appeal (parts 1, 2, 3)  The requests for permission to file appeals came from Danielle Belliveau on behalf of 15 Alpine residents and from attorney Marco Gonzalez representing Cleveland National Forest Foundation, Save Our Forests and Ranchlands, and the Coastal Environmental Rights Foundation.

“Articles Concerning Trusts, Wills, Probate, Family Law & more”

By: Stephen C. Ross, Esq.

February 13, 2015 (San Diego County) – The federal estate tax exemption for 2015 is increased to $5,430,000.00 per person from $5,340,000.00 per person in 2014. A husband and wife each have an exemption. Therefore, a couple can pass on up to $10,860,000.00 without paying estate tax. This assumes they have not made prior lifetime gifts. This is important to people with a large estate as they can pass on $90,000.00 more tax free this year than in 2014. The top federal estate tax rate is 40% and is applied to amounts exceeding the exemption amount.

“Articles Concerning Trusts, Wills, Probate, Family Law & more”

By: Stephen C. Ross, Esq.

November 29, 2014 (San Diego County) – A "will contest" challenges the validity of a document alleged to be decedent's last will or a codicil to the will. A "contest" may occur either before or after the will is admitted to probate. In the first instance, the challenge is an attempt to preclude admission of the will to probate. In the latter instance, the challenge seeks to revoke probate of the will.

“Articles Concerning Trusts, Wills, Probate, Family Law & more”

By Stephen C. Ross, Esq.

September 13, 2014 (San Diego County) – Planning to pass on a family business can be very challenging due to the many issues that must be considered. Business succession issues include: who will take over from the current owner; potential income and transfer taxes; when does the ownership transfer take place; how should the new owner hold his/her interest; and, are there family members to consider who are not active in the business.

“Articles Concerning Trusts, Wills, Probate, Family Law & more”

By Stephen C. Ross, Esq.

July 4, 2014 (San Diego County) – Life insurance can often be used as a significant element of an estate plan. It may provide a liquid source of funds for the insured’s estate to pay estate taxes and other death-related expenses. Such insurance is often used to establish or supplement an estate to support the insured’s family should he or she die. A family business may use life insurance to create a source of funds for surviving owners to purchase the decedent’s company interest pursuant to a buy-sell or shareholder’s agreement.

By Stephen C. Ross, Esq.

April 11, 2014 (San Diego County) – “Funding” a trust is the process of taking assets titled in your individual name, or in joint names with others, and changing the title into the name of your revocable trust, or taking assets requiring a beneficiary designation and naming your revocable trust as the primary or secondary beneficiary of those assets. An asset not retitled into the name of your trust is not governed by the trust terms, the trustee has no power over the asset, the asset may be subject to probate and the asset may not transfer to your intended beneficiaries at your death. The following are trust funding suggestions to ensure assets are included in your trust.

“Your source for Trusts, Wills, Probate, Family Law & more”

By Stephen C. Ross, Esq.

August 3, 2013 (San Diego) – A “premarital” (also called “prenuptial” or “antenuptial”) agreement is a contract entered into between prospective spouses in contemplation of marriage, or between domestic partners in contemplation of registering their partnership with the State. The agreement establishes property rights and financial responsibilities upon consummation of the marriage or registration of the partnership. A premarital agreement is typically intended to create conditions that will preserve a forthcoming marriage or registered domestic partnership.

“Your source for Trusts, Wills, Probate, Family Law & more”

By: Stephen C. Ross, Esq.

May 30, 2013 (San Diego County) – There are three potential legal remedies for couples who want to terminate or alter their marital or domestic partnership status. They include dissolution, legal separation and nullity. Dissolution terminates the status of a valid marriage resulting in the parties being considered single persons commencing on the date status is terminated. Legal separation is an option for spouses and partners who choose not to live together while maintaining the marital or partnership status. The third potential option, nullity, is the subject of this article.

“Your source for Trusts, Wills, Probate, Family Law & more”

By Stephen C. Ross, Esq.

April 23, 2013 (San Diego County) – A power of attorney (POA) is a written document wherein a person (the principal) appoints another person (the agent) to transact business and manage property on behalf of the principal. A POA has many purposes in estate planning, including: allowing the agent to transfer property into a revocable trust that is the principal’s primary estate planning tool; facilitating gifts to take advantage of the federal annual gift tax exclusion; and, allowing the agent to operate the principal’s business that is not included in a trust.

“Your source for Trusts, Wills, Probate, Family Law & more”

By Stephen C. Ross, Esq.

February 17, 2013 (San Diego County) – I often talk with people who believe estate planning is only for the wealthy. However, even people with few assets may benefit from proper estate planning.

You may be subject to formal probate proceedings if the gross real and personal property value of your estate exceeds $150,000 and you do not have a revocable trust. A properly prepared power of attorney for health care may avoid the need for a costly conservatorship proceeding if you subsequently lack capacity to make your own decisions. A power of attorney may avoid a conservatorship proceeding and ensure that a person you trust is ready to handle your financial affairs if you become incapacitated.