Encinitas Estate & Trust Attorney Susan D Nattrass
843 2nd Street # A
Encinitas, CA 92024
760-650-4021
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Estate Planning Services & Legal Counsel for:
- Wills
- Living Trusts
- Estate Planning
- Asset Protection
- Personal Residence Trusts
- Irrevocable Life Insurance Trusts
- Family Limited Partnerships
- Qualified Terminable Interest Property trust
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Susan D. Nattrass Copyright © 2006 LAW OFFICE OF SUSAN D. NATTRASS, P.C. ALL RIGHTS RESERVED. The contents of this site cannot be deemed legal advice, nor does it give rise to an attorney-client relationship. The contents of this site are not intended as attorney advertising or as solicitation for legal services. |
Estate Planning Living Trusts & Wills Lawyer Susan Nattrass
Protect Your Family & Business!
You have worked hard to build an estate comprised of property, financial assets, business interests or treasures such as family heirlooms, art, jewelry and more.
Estate Plans Are More Than A Will
Estate planning addresses your welfare and needs, planning for your personal and health care if you are no longer able to care for yourself. Like many people, you may at first think that estate planning is simply the writing of a will. But it encompasses much more. As you will see, estate planning may involve financial, tax, medical and business planning.
Having a solid Estate Plan or Will in place will give you peace of mind because you and your assets will be taken care of according to your wishes and not left up to state law or the probate courts.
Attorney Susan Nattrass is conviently located in Encinitas, San Diego County, practice focuses on the preservation and disposition of client assets through wills and trusts. Additionally, she advises on Qualified Personal Residence Trusts, Irrevocable Life Insurance Trusts and Family Limited Partnerships. She most enjoys establishing and maintaining relationships with her clientele.
San Diego County Residents:
Request a free consultation with Estate Planning Attorney Susan Nattrass
To do-it-yourself will or trust may be cheap, but to do-it-yourself wrong could be expensive. |
How to be our own lawyer websites like Legalzoom and Nolo are making do-it-yourself estate planning as accessible as the Internet.
As tempting as it may be to do-it-yourself, doing it yourself can be as bad — if not worse — than doing nothing at all. Here are some pros and cons of do-it-yourself legal guides and a word of warning about when a call to an attorney.

BONEHEAD SOFTWARE
Do-it-yourself software programs promote drafting your own will. Even so, what a software program cannot do is consider your family's unique goals or state of affairs. Nor can the software weigh the benefit against the burdens in meeting your particular needs.
SURFING THE NET VS TRAPPED BY THE NET
You may believe that creating your own revocable living trust is as easy as downloading one from the Internet. I recently consulted a client who did just that. To her surprise, the document she downloaded had a terrible mistake. It provided, as the Trustor, she would be entitled to all income from the trust assets for life. She naively put herself in a financial bind by disallowing herself right to use to her own assets if she was healthy. Not what she intended – we amended her trust.
Another client nearly disinherited their daughter. They wanted to their entire estate to their daughter. The client wrote that her daughter should receive “all income from principal.” That simple mistake would deny their daughter most of their estate, not the outcome they intended. Instead, the term should have stated their daughter was to receive “all income and principal” from their estate.
IT MAY BE CHEAP, BUT IT'S NO BARGAIN
Something as simple as the wrong word or a missing phrase can cost your families thousands of dollars and result in an outcome vastly different from your intent. So before you rest your family's future — and your own — on a do-it-yourself will or other estate planning tool, consider these words to the wise.
A trust is generally preferable to a will; they are also more complex than wills. So, you won't see as many do-it-yourself kits on the market or Internet, but their numbers are growing. So, as with wills, you should: |
Five Benefits Of
Having A Estate Plan
1. Provide for your immediate family.
Couples want to provide enough money for the surviving spouse. If you have minor children you will also want to nominate personal guardians for the children, in case you both should die before they grow up. If you do not appoint a guardian, any family member can petition for appointment. A court battle may ensue if two or more relatives apply.
2. Get your holdings to beneficiaries quickly.
You want your beneficiaries to quickly receive the assets you've left them.
3. Plan for incapacity.
During estate planning, most people these days also plan for possible mental or physical incapacity. This planning is especially important for single people. Living wills and durable health-care powers of attorney will allow a trusted relative or friend to manage your financial affairs and make important health care decisions if you are unable to do so.
4. Minimize expenses and taxes.
Everyone wants to keep the cost of transferring property to beneficiaries and taxes as low as possible, leaving more money for the beneficiaries. Estate planning can reduce these expenses significantly.
5. Ease the strain on your family.
Many people take a burden from their grieving survivors and plan their funeral arrangements when planning their estate. On the other hand, you may simply want to limit the expense of your burial or designate its place. You also can provide for your body to be cremated or given to medical science after you die.
Explore more articles on protecting your family with an estate plan. |
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BEWARE OF SIMPLE SOLUTIONS FOR COMPLEX PROBLEMS
One of the greatest failings of do-it-yourself legal solutions is that they lull consumers into thinking they've solved a pressing need, when they've done nothing of the sort.
CONSIDER YOUR FAMILY'S SPECIAL NEEDS
Are you divorced or remarried? Are you worried that your daughter's lazy husband will waste her inheritance? Do you have a family run business? Can you trust your 18-year-old son with the money from your $100,000 life insurance policy? Is there a stepchild, close friend or someone else in your life that you'd like to see inherit from your estate? Do you have a child, spouse or aging parent who needs special care you want to ensure they receive after you've gone? Is there an organization, church or community group that you'd like to leave a bequest? Today life is complicated. The cookie-cutter approach to estate planning leaves most families far short of their goals.
MAXIMIZING TAX BREAKS
Do-it-yourselfers are apt to expose their hard-earned wealth to unnecessary taxes, which can seriously eat away at the assets your loved ones inherit.
KEEP IN MIND THE HIGH COST OF FAILURE
You may never know how badly you've messed up your estate plan. Instead, your family may pay the price for years to come. Poorly drafted estate plans can result in unnecessary legal fees. Ambiguities can mean that someone other than those we intended will inherit a piece of our estate. Or worse, we may create an opening for opportunists to stake a claim to assets we've set aside for our loved ones. The result can be unnecessarily expensive and a loss of control over our own fortune.
More about do it your self estate planning - what to look out for and things to know about protecting your estate. |
Why You Should Have A Estate Plan

1. Intestacy
The most obvious result of dying without an estate plan is that your assets will go to your heirs as defined by California law. You may not want that.
2. Estate Tax
There are many different ways to reduce the size of your taxable estate while you are alive.
3. Conservatorship
If there is nobody with legal authority to manage your assets and your affairs, someone will have to petition the probate court to be appointed your conservator. This is an expensive and public. |
4. Probate
The best reason to have an estate plan is to avoid probate. It is expensive
5. Hazards of Joint Tenancy
Holding your property in joint tenancy is not an “estate plan” technique. By adding a child or others to the title to their home and to their accounts, they create joint tenancies in those assets.
Read more about
" How you know that you need an estate plan" |
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About Attorney Susan Nattrass
In 1994, Nattrass was awarded a Juris Doctorate from the University of San Diego School of Law. Before that, she was granted Departmental Scholar in Economics from the University of Northern Colorado, where she received a Bachelor of Arts in Economics.
Nattrass' experience is drawn from various sources: she has served as principal of her own legal practice since 2002. Also, she has spent ten years practicing employment law and general corporate business law. Nattrass also served as corporate counsel for Yes Television from 1999 to 2002 and was at associate at the Law Offices of Dougherty and Hildre from 1995-1999. Currently she is pursuing her certification as a specialist in Estate Planning by the State Bar of California Board of Legal Specialization. |
Nattrass is a member of the Washington State Bar and California Bar Associations.
She lives in Cardiff, California with her husband, Dan, and three children. |
Attorney Susan D Nattrass
Wills, Living Trusts
Qualified Personal Residence Trusts, Irrevocable Life Insurance Trusts and Family Limited Partnerships
Providing Estate Planning legal counsel in Encinitas, San Diego, Del Mar, La Jolla, La Costa, Oceanside and North County San Diego.
Call Now At 760-650-4021
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