Cheever Law, APC

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Cheever Law, APC There are many misconceptions about estate planning and whether it is necessary for people where estate taxes are not a concern.

We serve clients in a genuine, compassionate, and professional manner by listening to their concerns and fulfilling their wishes to create customized estate plans designed to keep families out of court and conflict in the event of incapacity and at death. We provide a full range of estate planning services, starting from counseling clients on what components they should consider and then implementing their wishes. Through the use of Trusts, Wills, Durable Powers of Attorney and Advance Health Care Directives, we help families preserve their wealth for future, avoid the process of probate, put a plan in place to ease the pain by family members at death and minimize exposure to estate taxes. For middle class individuals and families, estate planning provides tremendous peace of mind knowing that your affairs are in order. Estate taxes are only one component of planning. The more important part of planning involves naming guardians for minor children, establishing a trust for children, especially if the child has special needs, designating beneficiaries of your treasured possessions, and making decisions now that will help you in the event of an illness or accident in the future. Incapacity planning is an important aspect to estate planning by putting the right tools in place to avoid a Living Probate or Guardianship proceeding in the event that you become ill or disabled and you are unable to care for yourself. We also work with small business owners to help them navigate the legal landscape, focusing on minimizing exposure to loss and using strategies such as contracts and entity formation to protect their companies. Business owners are busy running their businesses and may not have taken the time to ensure their company is properly protected and structured. Cheever Law handles all aspects of business planning to ensure your business is protected and your chosen entity is in compliance in order to avoid any potential personal liability. Our practice includes Small Business Planning and Business Succession Planning.

What if something happened to you today? Would your family know who could step in, what decisions to make, and how to ca...
10/19/2026

What if something happened to you today? Would your family know who could step in, what decisions to make, and how to carry out your wishes?

Most families assume everything will work out. But without a clear plan, the people you love may be left facing difficult decisions, uncertainty, and unnecessary stress during an already emotional time.

National Estate Planning Awareness Week runs October 19 through October 25. It’s a timely reminder that estate planning isn’t just about documents. It’s about protecting your family, preparing for the unexpected, and making sure your wishes are understood.

As we start this week, take a moment to ask yourself: If your family needed your plan today, would they know what to do?

A business can have a great year financially and still end up with an unpleasant surprise when tax season arrives.Octobe...
10/17/2026

A business can have a great year financially and still end up with an unpleasant surprise when tax season arrives.

October is a good time to check in with your CPA, especially if you own a business. By the time you're gathering documents to prepare your tax return, many of the decisions that could have affected your tax situation have already been made.

One of the most useful things you can ask your CPA right now is what your projected tax liability looks like for the year. Are your estimated payments on track? Should you be setting aside more money? Are there any decisions worth making before December 31?

And sometimes those conversations raise questions that go beyond taxes. Changes to business ownership, compensation, or succession arrangements may also affect your legal planning.

I work with California business owners on these issues, and I always encourage them to involve their CPA and other professional advisors before making decisions that could have consequences in several areas.

I recently wrote about some of the questions worth asking your CPA before the year ends. It's a good conversation to have now rather than waiting until tax season.

Read the article here: https://estateplanninglawyersandiego.com/year-end-tax-planning-for-business-owners/

One of the more common misunderstandings I see with living trusts is the assumption that being named as a successor trus...
10/14/2026

One of the more common misunderstandings I see with living trusts is the assumption that being named as a successor trustee means you can automatically step in when a parent starts having difficulty managing their finances.

Unfortunately, it isn't always that simple. The trust may require specific steps to establish incapacity before a successor trustee has authority to act. And even when those requirements have been satisfied, banks and financial institutions may need additional documentation before recognizing the new trustee.

There is another issue families sometimes overlook. A living trust generally gives the successor trustee authority over assets held in the trust, not necessarily everything the parent owns. That's why having properly coordinated powers of attorney and healthcare directives is so important.

I've worked with families who are surprised to discover these issues when they're already dealing with a parent's declining health. Understanding how the documents work together, and what is required to step into the trustee role, can make a difficult situation much more manageable.

In this week's article, I explain what California families should know about taking over as successor trustee while a parent is still living, including the legal authority, documentation, and responsibilities involved.

Read the full article here: https://estateplanninglawyersandiego.com/taking-over-as-successor-trustee-california/

The best way to care for your family is to plan for the moments when they may need you most. 💙Estate planning is about m...
10/14/2026

The best way to care for your family is to plan for the moments when they may need you most. 💙

Estate planning is about more than what you leave behind. It’s about making your wishes known, choosing who can make decisions on your behalf, and helping your loved ones navigate the unexpected with greater clarity and confidence.

As Estate Planning Awareness Week approaches, October 19–25, 2026, it’s a good time to ask yourself: If something happened to me tomorrow, would my family know what to do?

A little planning today can make a meaningful difference for the people you love.

When someone passes away, do you know what happens to everything they owned?In California probate, one important step is...
10/10/2026

When someone passes away, do you know what happens to everything they owned?

In California probate, one important step is preparing an Inventory and Appraisal. It identifies the assets being administered through probate and establishes their value as of the date of death.

But here’s what many people don’t realize: not everything a person owned automatically becomes part of their probate estate. How assets are titled, whether they’re held in a trust, and their beneficiary designations can all affect how they’re handled.

In this week’s blog, I explain what California’s probate Inventory and Appraisal involves, the role of a Probate Referee, and why accurate asset information matters when settling an estate.

Read the full article here: https://estateplanninglawyersandiego.com/california-probate-inventory-and-appraisal/

Most of us have gradually moved huge parts of our lives online without really thinking about what that means if someone ...
10/07/2026

Most of us have gradually moved huge parts of our lives online without really thinking about what that means if someone else suddenly has to step in.

Your spouse may know the password to your computer. Your adult child may know where you bank. But could they get into the email account tied to your financial accounts, retrieve tax records from the cloud, deal with two-factor authentication, or access the information needed to keep your household or business running if you were incapacitated?

Knowing a password and having the legal authority to act are two very different things.

Digital access has become an increasingly important part of incapacity planning, particularly as California law governing access to digital assets has evolved. An older power of attorney may still be valid, but that does not necessarily mean it addresses the way you manage your life today.

I wrote more about what families should be thinking about, what belongs in a modern estate plan, and why your passwords alone are not a plan.

Read the full article here: https://estateplanninglawyersandiego.com/digital-assets-and-incapacity/

If your estate plan has not been reviewed in several years, this is one more reason it may be worth taking another look.

A gift or inheritance intended to help a loved one with special needs can create unexpected problems if it is not struct...
10/05/2026

A gift or inheritance intended to help a loved one with special needs can create unexpected problems if it is not structured correctly.

I have seen firsthand how well-intentioned planning can become much more complicated when money is left outright, placed in a custodial account, or directed to the wrong beneficiary. A UTMA account, for example, is not designed to provide lifetime financial management for a person with a disability.

The way assets are given matters.

In my latest article, I explain how Special Needs Trusts, beneficiary designations, custodial accounts, SSI, and Medi-Cal can fit together, and why families are often better off coordinating these decisions before the money legally belongs to the beneficiary.

Read the full article here: https://estateplanninglawyersandiego.com/special-needs-trust-planning-gifts-inheritances/

If you are planning for a child or loved one with special needs, you can also download my Special Needs Planning Guide: https://estateplanninglawyersandiego.com/get-the-special-needs-planning-guide-1/

Did you know? Estate planning is about protecting you while you’re alive, too.A complete estate plan can help ensure the...
10/01/2026

Did you know? Estate planning is about protecting you while you’re alive, too.

A complete estate plan can help ensure the people you trust can step in if you become incapacitated, make your wishes clear, and give your family guidance when they need it most.

Without a plan, important decisions may be left to the courts, adding stress and uncertainty for the people you love.

Planning ahead means making your wishes known before someone else has to make decisions for you.

As September comes to a close, it is a good time to review something many people complete once and then forget about: th...
09/29/2026

As September comes to a close, it is a good time to review something many people complete once and then forget about: the beneficiary designation on a life insurance policy.

For married couples, naming a spouse directly may be exactly the right choice. But in some estate plans, naming a trust can provide more control over what happens to the proceeds, especially when there are minor children, a blended family, or a desire to provide for a spouse while preserving what remains for children.

Having a trust does not automatically mean your life insurance should be payable to it. The beneficiary designation needs to match what you actually want the policy to accomplish.

In this week’s article, I explain the difference between naming your spouse and naming your trust, along with what to consider for children, contingent beneficiaries, and estate tax planning.

Read the full article here: https://estateplanninglawyersandiego.com/spouse-or-trust-life-insurance-beneficiary/

Your business may not look anything like the company you started five or ten years ago.Maybe you have added employees, b...
09/25/2026

Your business may not look anything like the company you started five or ten years ago.

Maybe you have added employees, brought in another owner, taken on debt, purchased property, expanded your services, or built a company worth considerably more than it once was.

But has anyone looked at the legal documents since all of that happened?

Operating agreements, bylaws, shareholder agreements and buy-sell agreements are often signed when a business is formed and then forgotten. The problem is that those documents may eventually describe a business that no longer exists.

Changes in ownership, marriage or divorce, significant growth, changes in management, incapacity planning, and updates to your estate plan can all be reasons to take another look.

And for business owners, one of the most important questions is whether the business documents and estate plan actually work together if something happens to you.
I wrote more about what California business owners should be reviewing and why it matters here:

https://estateplanninglawyersandiego.com/update-business-legal-documents-california/

If it has been years since you looked at your company's governing documents, this is a good reminder to pull them out and see whether they still reflect the business you own today.

Address

5938 Priestly Drive, Suite 103
Carlsbad, CA
92008

Opening Hours

Monday 9am - 5pm
Tuesday 9am - 5pm
Wednesday 9am - 5pm
Thursday 9am - 5pm
Friday 9am - 5pm

Telephone

+18584323923

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