LAW OFFICES OF JONATHAN P. MUSGROVE, APC
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Estate Planning — Wills and Trusts — Business and Contract Law — Personal Injury
Give Jon a call today at (858) 386-4080
An amazing experience! Very professional, respectful, and very personable. This office made a very confusing, and intimidating, process of a Trust minimally painful.
I wholeheartedly recommend Jon. He demonstrated exceptional care for my son, who was injured in a vehicle accident. Jon patiently walked us through each step of the process and successfully recovered a substantial amount for damages. He went above and beyond by coordinating with our health insurance to maximize our award. Jon is clearly an expert in his field, personable, caring, and detail-oriented. Most importantly, he achieved a result that exceeded our expectations. He has my highest recommendation!
We put this off many times as some do, but now that we have completed the trust, I must say we waited for nothing. Both Jonathan and Kacey made it as simple for us as possible, but at the same time very complete. They took the time to do it right. We feel extremely confident that there won’t be any confusion at all for our family when we are no longer here. We will recommend their competence comfortably.
I think like a lot of people over the age of 50, I had been procrastinating about having a Will or a Revocable Living Trust (Trust) prepared for several years. I finally asked my Financial Planner if he could suggest an Estate Planning attorney. Fortunately for me, the reference I received was for Jonathan (Jon) Musgrove (Law Offices of Jonathan P. Musgrove, APC).The first step in my Estate Planning process was an Initial Consultation (IC) meeting with Jon. The IC meeting consisted primarily of providing background information about myself and Jon explaining the Estate Planning process and options.Although I had performed substantial research prior to the IC meeting about the Will and Trust process, I still had several questions. I thought that since there was no upfront fee or deposit for the IC meeting and no guarantee that I would use their services, that Jon would hustle me out of his office after about 30 minutes. That definitely was not the case because the IC meeting was nearly two hours as Jon discussed the Estate Planning process and options, and he addressed my many questions. At no time was I made to feel that Jon wanted to expedite the conclusion of the meeting because he patiently addressed all of my questions. I greatly appreciated Jon’s generosity with his time.I decided to move forward with a Trust using the services of the Law Offices of Jonathan Musgrove. Jon and his wife, Kacey, who also works at their law offices prepared draft documents for my review. The draft documents were emailed to me, and I responded with my initial comments and edits. The following step was an about one-hour phone call with Jon to review and discuss my comments and edits. Jon also meticulously explained each section of the Trust documents.The final step was a “signing” meeting at which I signed and dated the final Trust documents, and the documents were notarized by Kacey. The next day my very distinguished looking Trust binder within a protective box was ready to be picked up.Estate Planning can be awkward and a little uncomfortable because it makes you think about your own mortality. However; when you have completed the preparation of your Will or Trust, you feel reassured that your family and friends will be properly taken care of, while sparing them the potential legal hassles resulting from the passing of a loved one.Working with Jon and Kacey made the Estate Planning process less of a necessary chore for me due to their professionalism, knowledge, ability to articulate concepts in an understandable manner with genuine affability and respect. I appreciated their efforts, and I would not hesitate to recommend the Estate Planning services of the Law Offices of Jonathan P. Musgrove to any of my family and friends.
The Musgrove’s were wonderful and made the process of creating our trust seamless. They helped explain each detail to my husband and I as this was our first time completing anything like this. They not only completed things timely, but created a great binder and even delivered it to us at home. Thank you again for all your help in keeping our families assets safe and organized!
I worked with Jonathan and Kacey on creating my living will and trust, and I highly recommend their services. Kacey was very friendly and Jonathan did an excellent job of explaining the legal language and documentation. I was able to gather all of my documents and within a few weeks, my trust was created. They were very professional, and completed everything in a timely manner.
Jon and Kacey were totally professional and knowledgeable each step of the process of finalizing my Trust and all associated documents I needed. Clarity and follow up were the top concerns and they excelled with that. The whole process was efficient and completed in a VERY timely manner. I would certainly utilize their skills and knowledge in the future when needed.
Jon and Kacey provided services for our first ever family trust. I decided to use their services after researching online reviews for East & North county trust attorneys. All the reviews are spot-on! Jon is very professional, knowledgeable and provides incredible insight as to differing trust options that presented themselves. Kacey is ‘on it’ often returning email communication within the hour, if not minutes. They are both very friendly and personable. I highly recommend them and look forward to our continued partnership in this endeavor.
Estate Planning Attorney in San Diego, CA
FAQ’s and Things To Know About Managing Your Estate
If you’re looking for an estate planning attorney, you probably have a lot of questions. You also want someone that’s looking out for your best interests. Jonathan Musgrove is a compassionate, educated attorney in the field of estate planning and business law that is dedicated to helping his clients.
With this website, we do our best to answer pertinent questions. We encourage you to fill out our brief form or call us to set up a free consultation. We are here to help in properly allocating your estate upon your departure how you want it handled.
Estate planning is the responsible way of planning for the distribution of your assets when you pass away or in the event of disability or incapacity during life. If you live in San Diego you must use a licensed California attorney to prepare your estate plan documents.
Not only does it put you in control and ensure your wishes are followed, it can also spare your loved ones of the expense, delay and frustration associated with managing your affairs when you pass away, become incapacitated, or disabled.
There are a lot of reasons you might prefer a trust in addition to a will.
- Save on attorney and court fees. There are minimum probate costs based on the value of the estate – learn more about this on our wills and trusts page.
- Avoid delays in the transfer of property to beneficiaries.
- Possible tax savings.
You can also choose your beneficiaries as if you were writing a will.
If you die, and your estate’s assets are not managed by a will, living trust or joint-arrangement, you’re leaving these decisions up to the State of California. The probate court chooses the personal representative.
This process is called ‘intestate succession’. And it’s not as uncommon as you may think; 55% of Americans die without a planned Will. This means you, as the decedent, relinquish all control. The probate court chooses your personal representative.
This means the wrong person may be selected to administer the estate – or be the guardian of their minor children. And this also means that beneficiaries may be people you didn’t want to receive your property.
These proceedings only apply to property that would have been transferred in probate as if there was a Will. There are no consequences to life insurance or retirement benefits.
In California, assets go to the closest surviving relatives of the decedent. This means children, your spouse, parents and siblings.
If you and your spouse are legally separated, your spouse will not be entitled to your property. This applies even if you are not yet divorced. If you want to learn more about this, we encourage you to fill out our form.
Simple missteps can have very dire consequences for your estate.
If your will is handwritten, it’s easily challenged.
While it may feel like the true testament of your wishes, handwritten Wills are often unclear and incomplete. They also lack ‘Testamentary’ language to be valid in a courtroom and are unlikely to have been properly witnessed.
Even if you have a professionally-prepared will, you can still invalidate it by mistake.
What many decedents don’t realize is making their own modifications to the Will can invalidate the entire document. Attempting to add language, or cross out terms, without following the appropriate procedure can leave the court without any testamentary document to reference.
You can use testamentary language on your will to pour assets into a trust. This is useful if property was overlooked during the estate planning process.
Some assets also require the probate process. This includes any assets with a title that are only in your name, or a share of property in a “tenancy in common” arrangement. This is not to be confused with “joint tenancy”.
And if your will includes a testamentary trust, these assets must also go through probate.
They’re easy to establish and can help you avoid probate court, but you may be putting your assets at risk. Remember that you’re effectively giving away half of your ownership of the property.
This can have consequences for you if they mismanage it or owe creditors. When transferring assets to the joint tenant, you may be expected to pay a federal gift tax. While this doesn’t apply to spouses, your partner can miss out on a big income tax break when the property sells.
Joint tenancy also means that the surviving partner gets the entire asset. This overrides any testamentary language in your Will. And before the last joint tenant passes, they need to find another avenue (like a Living Trust) to avoid probate.
This immediately creates a taxable event, so keep your beneficiary as intended. As a safety net, you can name your trust as a backup beneficiary.
Contact Us
If you have questions or looking for guidance, give us a call or fill out the form. We will reach you shortly.
If you need estate planning in San Diego, an attorney that understands the nuances of California Probate Code will help ensure optimal management of your estate.
We’re always available for questions. If you fill out our form, we’re happy to answer any questions you have.
