Category: Estate Planning

San Diego County is home to one of the largest military communities in the world. With tens of thousands of active-duty service members and military families living and working here, estate planning is not an abstract or “later in life” concern, it is a practical necessity.

For military members, proper estate planning is about protecting family, maintaining control, and ensuring peace of mind in the face of uncertainty.

San Diego’s Unique Military Presence

As of 2026, San Diego County is home to approximately 110,000–120,000 active-duty service members and more than 118,000 military family members, including roughly 60,000 children. Military members and their families make up nearly 10% of the local workforce, underscoring their deep integration into the region.

The military footprint here is driven primarily by the U.S. Navy and Marine Corps, with major installations including Naval Base San Diego, MCAS Miramar, and Camp Pendleton. Together, these bases account for a significant share of Navy and Marine Corps personnel worldwide. Because many service members are stationed in San Diego temporarily and may relocate frequently, having an estate plan properly tailored to California law is especially important.

Why Estate Planning Matters for Military Members

A common misconception is that estate planning is only for older individuals or those with significant wealth. In reality, estate planning is about planning for life, not just death.

A well-designed estate plan allows you to:

• Choose who manages your finances if you’re unavailable or incapacitated
• Appoint someone to make medical decisions on your behalf
• Nominate guardians for your children
• Decide who receives your assets and how
• Minimize court involvement and protect your family’s privacy

Military service creates additional urgency. Service members often face heightened risk, extended deployments, and sudden relocations. When the unexpected happens, having a legally valid estate plan ensures your wishes are followed, rather than leaving critical decisions to default state rules.

What Happens If You Die Without an Estate Plan in California?

When a person dies without a will or trust in California, they are considered to have died “intestate.” In that case, California law, not the individual, determines how assets are distributed.

Intestate estates typically must go through probate court. A judge appoints an administrator and distributes assets under California Probate Code sections 6400–6455. These rules follow a rigid family hierarchy and do not take into account personal wishes, strained relationships, or modern family structures. Probate can be time-consuming, expensive, and emotionally difficult for surviving loved ones.

Under intestacy laws:

• A spouse or registered domestic partner may inherit part or all of the estate, depending on circumstances
• Assets may pass to children, parents, siblings, or more distant relatives
• Unmarried partners, close friends, stepchildren (not legally adopted), and charities receive nothing

In rare cases, estates with no legal heirs can even pass to the State of California. Dying without a plan means giving up control over who inherits, who manages your affairs, and how quickly your family can move forward.

Key Estate Planning Tools for Service Members

California law provides several estate planning tools particularly valuable for military members, including wills, revocable living trusts, powers of attorney, and advance health care directives.

Advance Health Care Directives

An advance health care directive allows you to appoint someone you trust to make medical decisions on your behalf and to outline your wishes regarding medical treatment and end-of-life care. For service members, this document can eliminate confusion, prevent family conflict, and ensure timely care when decisions matter most.

Powers of Attorney

A durable financial power of attorney authorizes a trusted agent to manage banking, housing, taxes, and other financial matters during deployment or incapacity. Without it, family members may be forced to seek court approval simply to handle routine affairs.

Wills and Trusts

For service members with minor children, estate planning is essential. A properly drafted will or trust allows you to nominate guardians, set aside funds for your children’s care and education, and provide guidance to the court.

Many military families also benefit from revocable living trusts, which can help avoid California probate altogether. Trusts offer privacy, flexibility, and continuity, especially when family members live across different states or countries. They can also be used to distribute life insurance proceeds, including Servicemembers’ Group Life Insurance, in a structured and responsible manner.

Estate Planning Through the Military: Pros and Limitations

Active-duty service members often have access to estate planning assistance through military legal offices, such as JAG. These services frequently provide basic wills, powers of attorney, and health care directives at no cost, making them a helpful option for straightforward or short-term needs.

However, military legal assistance is generally limited. Complex family situations, California real estate planning, tax-sensitive strategies, special needs planning, and long-term probate avoidance typically fall outside the scope of these services. Access may also end once a service member separates from the military.

Why Work With a California Estate Planning Attorney?

For many service members, working with a civilian estate planning attorney licensed in California provides a more comprehensive and lasting solution. A civilian attorney can tailor an estate plan to California’s community property laws, local probate procedures, and civilian assets such as real estate, businesses, and retirement accounts.

Just as importantly, a civilian estate plan provides continuity. Your attorney-client relationship and estate plan remain in place regardless of deployments or duty station changes. For military families facing unique risks and cross-jurisdictional challenges, a thoughtfully prepared California estate plan offers clarity, protection, and peace of mind.

Disclaimer

The information in this post is considered attorney advertising under applicable California law. The contents of this post are for informational purposes only and do not constitute legal advice. The information may be incomplete or out of date. No representations, testimonials, or endorsements on this website constitute a guarantee, warranty, or prediction regarding the outcome of any legal matter.

Introduction: The Original Will Requirement

Did you Know an Original Paper Will is required to Probate a Last Will & Testament? Oral wills are generally unenforceable. Copies of a will are also generally not acceptable.

A person who dies (“Decedent”) without a will is said to have died “intestate”, or without a last will and testament. The laws of intestate succession would apply to a person who dies without a will with the Decedent’s estate being distributed to the Decedent’s intestate heirs which simply translated would be to the Decedent’s applicable next of kin in the order of priority by legal relations such as spouse (if applicable), children (if applicable), grandchildren (if appliable), parents (if applicable), siblings (if applicable), etc.

Many people create wills to pass on their estate to their chosen heirs. A will is a legal document that must be executed under certain formal conditions and is meant to convey the last wishes and property of the person (“Testator”) making the last will and testament. A will is a writing that complies with the formal requirements for a last will and testament.

Formal Requirements for a Valid Will in California

So, what is a required for a valid will in California?

Formalities are required for valid will in California.

Types of Wills in California

What are the types of wills in California?

1. Witnessed Will: Basically, a will is a witnessed will when the will is witnessed and signed by the person making the will with two disinterested parties who witness the execution of the Testator’s will and sign the will along with the Testator.
2. Holographic Will: Basically, a will (not witnessed) that has the material terms of the will in the Testator’s handwriting and signed by the Testator.

Modern Technology and the Probate System

Will the probate law catch up with modern technology widely utilized and accepted?

More and more people are going paperless with their important documents. We frequently use copies and electronic records nowadays. We live in a digital world and digital records are now the norm. People save their important records electronically using files formats like .pdfs, .doc., .tiffs, .jpg, photocopies, video, etc. Paper is almost a thing of the past. People save their important (and legal) documents on their networks, computers, and more frequently in the cloud. People electronically sign important legal documents nowadays. An authenticated email request can be sent for an electronic signature, binding the party signing the electronic documents. E-signatures are widely accepted today and are legally binding. It wasn’t always that way. But that is a blog for another day.

Can you imagine video Last Will & Testaments or DocuSign Last Will & Testaments? The technology is widely used and readily accessible in our modern-day society. I think I have seen video wills in a movie at some point. The legal process has not caught up with the current technology. The probate legal process has a long history that goes way back before California was a state and the US was a country. The passing of estates has been around for thousands of years. So, you can see why the law has not caught up to the technology. There are formal traditions and rituals that have a very long history, whereas the digital revolution is relatively new. One day we may see video last Will & Testaments admitted to probate or Docusign Last Will & Testaments.

The Original Will Requirement in Probate

The Original Will is required and must be deposited with the court to be admitted to probate. Generally speaking, even in litigation, you can use a copy of document (subject to the other side stipulating to its authenticity). People use copies of documents all the time and rarely use the original document. However, there is one document where you still need the “Original” paper document. That document is your last will and testament. Without the original will the “Lost Will Presumption” would apply.

The Lost Will Presumption

Probate Code Section 6124

California Probate Code Section 6124 States:

“If the testator’s will was last in the testator’s possession, the testator was competent until death, and neither the will nor a duplicate original of the will can be found after the testator’s death, it is presumed that the testator destroyed the will with intent to revoke it. This presumption is a presumption affecting the burden of producing evidence.”

Let’s break that down:

If no “Original” will is found, the will is presumed destroyed, with an intent to revoke the will by the Testator. Probate Code section 6124 establishes a presumption concerning lost wills. The presumption is the lost will was destroyed and revoked. This is called the lost will presumption.

Accordingly, if the original executed will is unlocatable the lost will presumption applies, and the will is presumed revoked. As a result, the property will pass via intestacy in probate or spousal property petition, via a small estate affidavit, through a trust, or through another legal process with the court as the case may be.

Case Law Supporting the Lost Will Presumption

Case law supports Probate Code 6124’s lost will statutory presumption. In Lauermann v. Superior Court the court held under statute providing that when neither testator’s will nor a duplicate original of the will can be found after the testator’s death, it is presumed that the testator destroyed the will with intent to revoke it, the term “duplicate original,” does not include a photocopy not personally signed by the testator and the witnesses. Lauermann v. Superior Court, 127 Cal.App.4th 1327 (2005).

A presumption affecting the burden of producing evidence requires the trier of fact to assume the existence of the presumed fact unless contrary evidence is introduced, but once evidence negating the presumed fact is presented, the trier of fact must decide the case under the applicable burden of proof without regard to the presumption simply by weighing the evidence. Estate of Trikha, 219 Cal.App.4th 791 (2013). At this point an evidence code analysis is required, which is beyond the scope of this blog.

What If the Original Will Cannot Be Found?

What if you can’t find the original last will and testament? What about a copy?

The Lost Will Presumption applies, and the will was presumed revoked. A petitioner could seek to admit a copy of the will to be admitted to probate. They would have to do so to the court’s satisfaction to rebut the lost will presumption.

There are ways to admit a lost will since the presumption is rebuttable, For example, Probate Code Section 8223 permits the proving of a lost or destroyed will. The code requires the petition for probate of the will to include a written statement of the testamentary words or their substance. If the will is proved, the provisions of the will shall be set forth in the order admitting the will to probate. The question whether a document is clearly and distinctly proved to be a true copy of an original will is one of fact for the trial court. In re Moramarco’s Estate, 86 Cal.App.2d 326 (1948).

Will Contests and Litigation Risks

If the will is being contested, the matter may not be easily resolved. The matter could have various heirs litigating the validity of the will to be admitted to probate. Then it’s a question of does the court admit the copy of the will to probate? The evidence at the trial on the validity of the will may be how the matter is resolved. Hopefully not, but this is one example of a will contest. There are other ways to contest a will for example (1) lack of capacity, (2) undue influence, etc.

What Must Be Done With the Original Will?

What are you required to do with the “Original” will?

If there is a will, the ORIGINAL Last Will and Testament must be deposited with the court before it can be admitted to Probate. The party seeking to admit the will to Probate is the Petitioner. The Petitioner is usually seeking to be appointed as the personal representative of the deceased (“Decedent”) to act on behalf of the Decedent’s Estate.

If the petitioner is granted the authority by the court, Testamentary Letters will issue from the court granting the petitioner the authority to act on behalf of the Decedent’s Estate as the “Personal Representative” of the estate.

Holographic Wills

What about holographic wills?

Holographic Wills are admissible in a California.

Probate Code section 8222 states:

“A holographic will may be proved in the same manner as other writings.”

What is a holographic will?

Probate Code Section 6111 states:

Basically, a holographic will is a will that is not witnessed but the material terms of the will are in the Testator’s handwriting and signed by the testator. The Original holographic Will is still required to admit the Will to probate.

Again, an Original Will is required to be probated in the California Courts. So, the court will verify the will is the original will even if its holographic. The will must be deposited with the court with the petition to probate the will. If the court admits the copy to probate an order would issue and testamentary letters would issue authorizing the admission of the copy of the will wherein Testamentary Letters will Issue authorizing a personal representative to act on behalf of the estate. But if the Petitioner does not have the original holographic will, the likelihood of the admission of the copy is reduced absent rebutting the lost will presumption.

Historical Background and Illustrative Cases

Some interesting information I discovered while researching this blog.

The presumption has been around long before California was a state with its roots in English common law.

Agatha Christie based a novel on the issue.
https://en.wikipedia.org/wiki/Poirot_Investigates#The_Case_of_the_Missing_Will

There was also a famous case(s) that were the longest running civil lawsuits in America. A number of the suits were litigated by some of the most famous lawyers in the country. Litigators like Daniel Webster, John A. Campbell, Francis Scott Key and Reverdy Johnson all ensured that her case remained in the front pages of the news. (citation Wikipedia).
https://en.wikipedia.org/wiki/Myra_Clark_Gaines

The case demonstrates that the presumption of a lost will’s revocation can be overcome with sufficient evidence of its existence and a lack of intent to revoke by the testator.

Conclusion

Conclusion keep your original will in a safe place because it will be required if you want your last will and testament admitted to probate. That is until we see video last will and testaments become the norm under a future law that accounts for the technological developments in the digital age. The probate laws go way back and like most laws are behind where the widely utilized and accepted technology currently exists.

Estate planning is important for everyone, but it has particular significance for retired military personnel in San Diego.

This guide covers the special considerations and benefits of estate planning for those who have served in the military, including insights into recent legal changes, common challenges, and how to handle these issues effectively.

Understanding Military-Specific Benefits

For retired military personnel, several key benefits play a major role in estate planning. Here’s how to effectively manage these assets:

1. Military Pensions

Military pensions are a valuable asset for retired service members. Proper estate planning can help ensure that these pensions are passed on to your beneficiaries with minimal tax impact. In San Diego, Hoffman & Forde can assist in structuring your pension benefits to protect them from creditors and ensure they are distributed according to your wishes.

2. Survivor Benefits

The Survivor Benefit Plan (SBP) provides ongoing income to your spouse or other designated beneficiaries after your passing. Coordinating SBP with other parts of your estate plan is important to ensure your loved ones continue to receive support without complications. Our team at Hoffman & Forde can help integrate SBP into your estate plan while following California laws.

3. VA Benefits

Veterans Affairs (VA) benefits, including disability compensation and healthcare, need careful integration into your estate plan. Ensuring these benefits are accounted for and protected is essential. In San Diego, our attorneys are well-versed in VA regulations and can guide you in including these benefits in your estate plan effectively.

Recent Changes in Laws and Regulations

Recent updates in laws can impact your estate planning strategy:

• Federal Estate Tax Updates

Although California does not impose a state estate tax, changes in federal estate tax laws could affect your estate. It’s important to review these changes and adjust your estate plan to reduce tax liabilities.

• California State Regulations

While California does not have a state estate tax, state laws related to estate planning can still affect how your assets are managed and distributed. Recent changes in California laws may impact your estate plan, so it’s important to review these regulations.

• VA Benefits Regulations

Regulations surrounding VA benefits are also subject to change, and these changes can impact how your benefits are handled within your estate plan. Ensuring that your estate plan complies with the latest VA regulations is essential.

Common Challenges in Military Estate Planning

Retired military personnel face special estate planning challenges:

• Benefit Coordination

Combining military pensions, survivor benefits, and VA benefits with civilian assets can be tricky. Ensuring that all these parts work together without conflicts is a key challenge.

• Regulatory Compliance

Dealing with the various regulations related to military and VA benefits can be difficult. Working with our firm, can help simplify the process and ensure compliance.

Common Questions Retired Military Personnel Have About Estate Planning

1. How can I ensure my military pension is protected and passed on according to my wishes?

Ensuring your military pension is properly protected involves including it in your estate plan and potentially setting up trusts or other legal structures. We can help create a plan that aligns with your wishes and safeguards your pension.

2. What should I know about the Survivor Benefit Plan (SBP) and its impact on my estate?

The SBP provides ongoing income to your beneficiaries. It’s important to coordinate this benefit with your overall estate plan to ensure that your loved ones receive the intended support. We can help you integrate SBP effectively into your estate plan.

3. How do VA benefits affect my estate planning?

VA benefits, including disability compensation and healthcare, need to be included in your estate plan. This ensures that these benefits are properly accounted for and do not interfere with other parts of your estate. Consulting with us, who are familiar with VA regulations, can provide clarity on how to manage these benefits.

4. What recent legal changes should I be aware of?

Recent updates in federal and state laws can impact your estate planning. It’s important to stay informed about these changes to ensure your plan remains compliant and effective. Regular consultations with our attorneys can help you keep your plan up-to-date.

5. How can I handle the integration of my military and civilian assets?

Combining military pensions and benefits with civilian assets can be challenging. Hoffman & Forde can help you create a cohesive plan that addresses all your assets and ensures they are distributed according to your wishes.

Legal Insights from Our Attorneys

At Hoffman & Forde, we specialize in estate planning for retired military personnel in San Diego. Our team can assist with:

• Combining Military and Civilian Assets

We can help you manage and integrate your military pensions and benefits with your civilian assets to create a smooth estate plan.

• Handling Legal Changes

Our attorneys stay updated on recent changes in laws and regulations, ensuring your estate plan remains effective and compliant.

Need Legal Advice?

Hoffman & Forde, Attorneys at Law, is dedicated to supporting retired military personnel and their families in San Diego with the challenges of estate planning. Our experienced team is committed to addressing your specific needs and benefits effectively, ensuring your estate plan is tailored to meet the requirements of military families.

Estate planning is important for securing your family’s future. For retired military personnel, addressing the specific aspects of military benefits and regulations is essential.

Contact us today at (619) 546-7880 to schedule a consultation and ensure that your estate plan is tailored to meet your needs. To learn more about our estate planning services, visit Hoffman & Forde Estate Planning.

Disclaimer: The information in this post is considered attorney advertising under applicable California Law. The contents of this post is for informational purposes only and is not legal advice. The information may be incomplete or out of date. No representations, testimonials, or endorsements on this web site constitute a guarantee, warranty, or prediction regarding the outcome of any legal matter.

Estate planning can often seem daunting, especially with the array of arrangements available for your property. However, understanding some fundamental facts can significantly ease the process.

This post explores the significant advantages of setting up a living trust and how it safeguards your assets and ensures privacy. If you want to bypass probate court, shield your assets, maintain control over them, or keep your affairs private, a living trust is a powerful tool to consider.

What is a living trust?

A living trust is a legal document that facilitates the transfer of your property into a trust, allowing you to retain complete control during your lifetime. After your passing, the assets are distributed to your chosen beneficiaries under the guidance of a trustee whom you appoint.

Types of living trust

• Revocable Living Trusts – The grantor may change or cancel these while s/he remains alive.
• Irrevocable Living Trusts – These can be less flexible once set but offer better asset protection and possible tax savings.

Benefits of a Living Trust

Living trusts are widely recommended for future planning after one’s passing. Here are the key advantages:

• Avoid Probate – Trusts help your beneficiaries save a lot of time and money by avoiding the probate process. Probate is expensive, often costing over $40,000 in attorney fees and other expenses to administer an estate. A living trust provides a simple and efficient way to distribute your property upon death.
• Protect Your Privacy – Probate is an intrusive process because it becomes a matter of public record, allowing virtually anyone to access the information you provide to the courts. In contrast, a living trust helps maintain the confidentiality of the estate transactions, ensuring the intended will is enforced privately.
• Maintain Control – With a living trust, transferred assets remain your property during your lifetime but are placed in a separate legal entity known as a trust. This arrangement allows you to increase, decrease, and make changes to the trust as necessary, ensuring it always reflects your current circumstances.

Why a living trust is essential?

• Continuity of Management – A living trust offers the advantage of taking over the management of your property on your behalf if you become incapacitated, eliminating the need for a guardian to oversee your affairs. This makes the process easy, stress-free, and a relief for your family, especially during such trying times.
• Asset Protection – Over the years, a well-planned trust has been an effective way to safeguard property from various threats, such as creditors, lawsuits, and future financial hardships. It is essential for protecting your assets to ensure they can be passed on to your intended heirs.
• Flexibility and Control – Unlike a will, a living trust can be altered or terminated at any time before the death of the person who created it, offering outstanding versatility to the creator. You remain in control of your resources, while the beneficiaries are designated to receive them according to your instructions.
• Tax Benefits – Using a living trust can lead to significant tax savings, depending on your financial situation. Our dedicated attorneys, with extensive experience in trust matters, can assist you in designing your trust to avoid or reduce estate taxes and other taxes that may be due on your trust.
• Privacy and Confidentiality – Another essential advantage of a living trust that is often overlooked is that its provisions are protected from public access. Unlike a will, which goes through the public probate process, a living trust remains private as it is part of the living person’s estate. This means others cannot access your estate plan to determine the value or distribution of the property included in the trust.

Do I Need a Trust?

If you’re interested in understanding the significance of living trusts in your family’s life and altering your estate planning approach, contact us today at (619) 546-7880 for a consultation. Our intake specialist will engage with you to gather vital information to evaluate your situation.

Real estate investment can be a great way to grow wealth and even provide a steady stream of passive income. However, as every Californian knows, real estate prices in the state are often prohibitively expensive, leaving many people with few options. As a result, it is often necessary to look outside the state for more affordable opportunities.

For those who are drawn to the idea of buying rental property outside of California, here are a few critical points to consider.

1. Know the Market

Real estate values vary widely from neighborhood to neighborhood, even street to street. Most of us understand this intuitively regarding the area where we live, but it can be easy to lose sight of this fact when searching for property in another city. Without local knowledge, it’s easy to get lured in by a “great deal” that turns out not to be so great. Alternatively, there may be a part of town where real estate prices will likely  skyrocket in a few years, but you wouldn’t know about it.

If possible, it’s better to buy property in an area that you are already familiar with. If not, it’s a good idea to get to know the place and try to be physically present as much as you can throughout the process.

2. Find a Good Agent

Having a real estate agent you can trust is always important, but it is doubly so for people buying an out-of-state investment property. Tying in to the point above, a good real estate agent can be an invaluable source of knowledge about the local market. They can guide you toward great opportunities and steer you away from a money pit.  The wrong agent, or even just an indifferent one, may prioritize closing the sale over looking out for your best interests.

What’s more, your relationship with a real estate agent can be a great start to building a local network of connections. From inspectors to contractors to property managers, you’ll need a lot of help to make your rental property a success, and a good real estate agent can put you on the right path.

3. Property Managers Can Be a Big Help

It will be tough to administer an out-of-state rental property on your own. For starters, someone has to be on hand to show the property, collect rent, inspect the property for damage, etc. If maintenance issues crop up, they must be dealt with promptly, which may be challenging to orchestrate from another state. Also, you’ll need to be familiar with state and local laws regarding leases, evictions, and more.

Hiring a local property manager simplifies all of this. For a fee, often a percentage of the monthly rent, property managers will find renters, oversee the signing of the lease, collect rent, send maintenance workers, and take care of other problems as they arise.

4. Tax Implications

Owning an out-of-state rental property can be a great investment, but it will complicate your annual tax return. If nothing else, you will almost certainly have to file a return in the state where the property is located. 

You’ll want to take advantage of deductions for depreciation and other associated costs, such as fees paid to a property manager. If you operated at a net loss for the year, you may or may not be able to deduct that loss from your other earnings (like salary). To navigate all of this without incurring the wrath of the IRS, you should strongly consider hiring a tax professional.

Talk to a Real Estate Specialist

If you are considering purchasing a rental property, whether it’s in California or elsewhere, our team of experienced real estate attorneys can provide the expertise and assistance to make the process go smoothly. From minimizing tax exposure to reviewing contracts, we’ll be at your side every step of the way. 

Contact our office today to start putting your investment plan into action.