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Estate Planning


Respected Trust and Estate Attorney in San Diego, CA

20+ Years of Experience | Free Estate Planning Workshops | Free Consultations

20+ Years of Experience

Free Estate Planning Workshops

Free Consultations

Request a Consultation

Make the Right Decisions for Your Estate

When you're searching for the trust and estate attorney San Diego, CA depends on, turn to the Law Offices of Antionette Middleton. Estate planning isn’t about how much money you have, it’s about protecting what you have for yourself during your life, and for those you love after you’re gone. It ensures what you have gets to the people you love, the way you want, when you want.


Estate planning really is for everyone. It doesn’t matter if you have $40,000 or $400,000. You still have to plan for the future - whether it’s to name a guardian for your minor children or ensure your children don’t “blow through” your assets if you unexpectedly die or become disabled.


In 1990, a woman from Florida suffered massive brain damage; due to this damage, she was in a coma/vegetative state. Her husband wanted to disconnect the feeding tubes, but her parents didn’t want to because they said she was conscious. Finally, in 2005 the tubes were taken out. She died in March of 2005. This is just one example that shows the importance of estate planning.


If you're looking for an estate planning attorney in the San Diego, CA area, choose the Law Offices of Antoinette Middleton. Backed by over 20 years of experience, she will guide you in making all the right decisions.

Wills

A Will is one of the building blocks in estate planning. If you own assets in your name alone, they may pass from you to the people you love, as long as you leave a Will. Without a Will, your assets pass according to the State’s rules, also known as intestacy. The State may not pass your assets to the people you care about.


A Will is a legal document which:

  • Names individuals (or charitable organizations) who will receive your assets after your death, either by outright gift or in a trust.
  • Nominates an executor who will be appointed and supervised by the probate court to manage your estate; pay your debts, expenses, and taxes; and distribute your estate according to the instructions in your Will.
  • Nominates guardians for your minor children.

Health Care Directives

A Health Care Directive is a legal document that a person uses to make known his or her wishes regarding life-prolonging medical treatments, the types of special treatment you want or don’t want at the end of life, your desire for diagnostic testing, surgical procedures, cardiopulmonary resuscitation, and organ donation.

Free 30-Minute Consultations on Estate Planning

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Antoinette Middleton successfully guided me through a legal process that I was unfamiliar with. She was always prepared for meetings and court appearances. I appreciated her professionalism, and compassion during times when I did not think I would make it through the difficulties of my case. Antoinette informed me of resources that will help me fulfill my duties as trustee of my mother's estate. She also informed me of organizations that I should contact for support. The case was determined in my favor and I will trust her in the future should any legal needs arise.

- Bridgette, Avvo Review

This document is important to have because it informs your healthcare providers and your family about your desires for medical treatment in the event you are not able to speak for yourself.


To obtain a Health Care Directive, follow the next steps:

  • Gather information for decision-making.
  • Discuss your end-of-life decisions with key people.
  • Designate a person to carry out your wishes.
  • Have us prepare your legal document.
  • Inform key people of your wishes.


Thinking about your end-of-life choices today can improve your quality of life in the future and ease the burden on your family. The most important thing about the health care directive is that you, your family and your doctor each understand your wishes. Speak to a reliable will and trust lawyer in San Diego, CA to learn more.

Power of Attorney

A Power of Attorney (POA) is a written authorization to represent or act on another’s behalf in private affairs, business, or some other legal matter. If you become sick or disabled, either temporarily or permanently, who will make decisions for you?


A Power of Attorney allows you to appoint someone you trust to handle your affairs if you cannot do so. If you cannot pay bills, get records, or make other decisions, your family will be prevented from helping you get treatment, pay doctors, or assist you with Medi-Cal.


Without a Power of Attorney, your family may have to file what is known as a Conservatorship of the Person and on the estate of the disabled person. This process involves the Court, several lawyers, and usually at least $5,000 to $50,000. A Power of Attorney might cost $250.00.

Revocable Trust

With our will and trust lawyer in San Diego, CA, you can create a trust that gives you the right to receive full benefits from it. This type of trust is typically referred to as a Revocable Living Trust and is often used as a substitute to your Will. It permits you to keep total control and access to all your assets during your life and provides for the distribution of your assets to your beneficiaries at your death. We often refer to a Revocable Living Trust as your Book of Instructions.


A well-established advantage to Revocable Living Trusts is the avoidance of probate, which is required if you use a Will to distribute your assets after death.


Other advantages of Revocable Trusts, when properly drafted, can include:

  • Asset protection for your spouse after your death.
  • Special needs planning for disabled beneficiaries.
  • Asset management and protection for children who are not proficient with handling money.
  • Protection of assets from a spouse’s subsequent marriage after your death.
  • Disability planning in case you become disabled prior to death.
  • Asset protection for your children if in bad marriages or to ensure your assets don’t go to the in-laws.
  • Keeping your affairs private (as opposed to open for public review in probate).
  • No court intervention is required (handled entirely by Trustee you name in accordance with your detailed instructions).
  • Plan for proper management of your business in your absence.


Very few revocable living trusts provide these benefits. Only a qualified trust and estate attorney in San Diego, CA will know how to incorporate these protections into your plan. While a Revocable Living Trust has many advantages, it does not protect your assets from a nursing home, lawsuits, divorce bankruptcy or other creditors.

Special Needs Trust

A Special Needs Trust is created to provide benefits and protect assets of a physically disabled or mentally ill person and enhance the Beneficiary’s quality of life.


To learn more about any of these topics, or to receive high-quality legal services, contact us today and speak to a trust and estate attorney in San Diego, CA.

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