Practice Areas
Vista Probate, Will, Trust & Family Law Attorney
Estate Planning
You die "intestate," and California's intestate succession laws (Probate Code §§ 6400–6455) control who inherits your estate. Assets pass to your closest relatives in a fixed legal order — surviving spouse, children, parents, siblings, and so on — regardless of your actual wishes. The probate court appoints an administrator to manage distribution. If you have minor children, a judge determines their guardian rather than you.
Living Trusts
When a loved one passes away without the right plan in place, families don’t just grieve- they get a court case. A living trust is the most effective tool California families have to protect what they’ve built, keep their affairs private, and spare their children a probate process that can take a year or more and cost tens of thousands of dollars.
Special Needs trusts
A Special Needs Trust (SNT) is a legally authorized arrangement that holds assets for the benefit of a person with a disability without disqualifying them from needs-based government benefits such as Supplemental Security Income (SSI) and Medi-Cal. California recognizes three primary types: (1) First-party (self-settled) SNTs — funded with assets that belong to the beneficiary, authorized under 42 U.S.C. § 1396p(d)(4)(A) and commonly called "(d)(4)(A) trusts"; (2) Third-party SNTs — funded with assets belonging to someone other than the beneficiary, such as a parent or grandparent; and (3) Testamentary SNTs — created through a will and funded upon the grantor's death. Each type serves a different planning purpose and carries different legal requirements — most critically, whether a Medicaid payback provision is required and whether age restrictions apply.
Probate
Assets subject to probate in California include real property owned solely in the decedent's name, bank accounts without a payable-on-death (POD) beneficiary, vehicles, business interests, and personal property above the threshold. Assets that typically avoid probate include property held in a living trust, assets with named beneficiaries (retirement accounts, life insurance), jointly owned property with right of survivorship, and accounts with POD or TOD designations.
Conservatorships
When a loved one can no longer manage their own personal care or financial affairs due to illness, injury, or age, a probate conservatorship may become necessary to ensure their well-being and protect their assets. A probate conservatorship is a legal proceeding overseen by the probate court where a responsible individual (the conservator) is appointed to make decisions for an adult (the conservatee) who has been deemed by the court to lack the capacity to make those decisions themselves.
Family Law
Navigating family legal matters can feel overwhelming, but you don't have to face them alone. At Duisters Giarratano, we provide compassionate and experienced legal guidance in Vista, California, and the surrounding areas. With over 12 years of dedicated service, our family law practice focuses on helping you achieve the best possible outcomes in divorce and child custody disputes.