Naimish & Lewis, APC

Naimish & Lewis, APC We also practice in the areas of Estate Planning, Probate and Trust Administration. You can be assured you'll receive professional and competent representation.

Providing legal services in the areas of divorce, custody, child support, spousal support, paternity, guardianship, conservatorship, limited conservatorship, estate planning, probate, trust administration. The attorneys at Naimish & Lewis specialize in Family Law and related Child Custody issues including divorce, out-of-state custody/visitation, child/spousal support, enforcement of orders, and m

ove-aways. We serve clients both in California and out-of-state, for issues arising in San Diego County. There really is no substitute for experience, and at Naimish & Lewis our experienced team of professional attorneys work together to provide you with top quality legal services at competitive rates. Family law, custody and support issues can have long term consequences on you and your family. You are entitled to have your legal issues properly and professionally handled. You will receive honest, straightforward answers to make a fair and informed decision for any situation that may develop in your case. At Naimish & Lewis, we have a friendly, professional problem-solving approach. We work toward settlement of your issues with balanced, aggressive litigation skills to handle each of your unique law needs.

A will alone does not keep your family out of probate court. A revocable living trust does more: it gives someone you tr...
09/10/2026

A will alone does not keep your family out of probate court. A revocable living trust does more: it gives someone you trust clear authority to manage your assets if you become incapacitated, and it directs how those assets pass on when you are gone.

Most people think of a trust only in terms of what happens after death. Just as important is what it does for you while you are alive.

If you do not have a plan in place, now is the time to build one. Naimish & Lewis helps San Diego families create estate plans that protect them today and their families later. Schedule a consultation to discuss your options.

What is a Living Trust? A living trust is a written legal document that typically serves as the cornerstone of your estate plan. Think of your living trust like a secure vault where you store the valuable assets you’ve worked your entire life to accumulate. During your lifetime, your trust operate...

Parents who cannot agree on a custody plan in San Diego are automatically scheduled for Family Court Services, a single ...
09/08/2026

Parents who cannot agree on a custody plan in San Diego are automatically scheduled for Family Court Services, a single meeting where a social worker forms a recommendation for the judge.

That meeting is short. What you say, and how clearly you connect it to your child's best interest, matters more than most parents expect walking in.

Preparation makes the difference between a recommendation that reflects your child's needs and one that does not. Naimish & Lewis helps San Diego parents walk into FCS ready. Schedule a consultation to discuss your options.

When parents cannot agree on a child custody and child sharing plan, either parent may file a Request for Order with the Family Court. In San Diego, the filing of a request for custody and visitation orders automatically triggers the scheduling of an appointment with Family Court Services (“FCS”...

California's Family Code imposes a continuing duty to disclose on both spouses throughout a divorce, not a one-time obli...
09/08/2026

California's Family Code imposes a continuing duty to disclose on both spouses throughout a divorce, not a one-time obligation satisfied at filing.

Both parties must declare all assets and liabilities, whether community or separate property, and must update those disclosures as circumstances change until the case concludes.

The consequences of non-disclosure are significant: a court may refuse to enter judgment, a completed judgment can be set aside, and the non-disclosing spouse may face monetary sanctions and attorney's fee awards.

Clients who suspect a spouse is withholding financial information should act promptly, since remedies are subject to time limits. Naimish & Lewis guides San Diego clients through disclosure requirements and protects their financial interests at every stage. Schedule a consultation to discuss your options.

Divorcing couples often have critical questions about financial transparency: What if my spouse is hiding money, property, or other assets from me? Do I need to disclose all my financial resources, including gifts from family? Divorcing spouses have significant legal obligations to each other, prima...

Labor Day marks more than a long weekend. For many San Diego families, it is the moment summer custody arrangements shif...
09/07/2026

Labor Day marks more than a long weekend. For many San Diego families, it is the moment summer custody arrangements shift back into the school year schedule, and co-parents start comparing calendars again.

If your parenting plan does not clearly address these seasonal transitions, small scheduling gaps can turn into real conflict fast.

Naimish & Lewis helps San Diego families build custody and visitation plans that hold up through every transition, not just the easy ones. Schedule a consultation to discuss your options.

San Diego family law and estate planning attorneys. Mary Naimish, CFLS, leads a team dedicated to divorce, custody, trusts, and probate. Call (619) 523-9900.

Guardianship and conservatorship are frequently confused, but California law treats them as distinct processes. Guardian...
09/07/2026

Guardianship and conservatorship are frequently confused, but California law treats them as distinct processes. Guardianship applies to minors under eighteen, with a guardian handling the child's care, finances, or both. Conservatorship applies to incapacitated adults, with a conservator managing daily affairs or financial matters under ongoing court supervision.

Filing fees in San Diego County start at four hundred thirty five dollars, but investigation, physician reports, and attorney fees can push costs well beyond that. Alternatives such as powers of attorney and special needs trusts can sometimes prevent the need for a formal court proceeding.

Our team at Naimish & Lewis helps San Diego families evaluate guardianship, conservatorship, and the alternatives available. Schedule a consultation to discuss your options.
https://www.naimishlewislaw.com/conservatorship-and-guardianship-in-california/

Guardianship generally protects a minor, while conservatorship helps an adult unable to manage care or finances. Compare California roles, costs, and alternatives.

California probate follows five essential stages: filing the petition, obtaining Letters Testamentary or Letters of Admi...
09/04/2026

California probate follows five essential stages: filing the petition, obtaining Letters Testamentary or Letters of Administration, preparing the inventory and appraisal, notifying creditors, and submitting the final account and report for court approval.

Each stage carries its own deadlines and documentation requirements. Creditors, for example, must file a claim before the later of four months after Letters issue or sixty days after receiving notice, and a personal representative who follows the Probate Code correctly avoids personal liability for the estate's debts.

Our probate team at Naimish & Lewis guides executors and administrators through each stage of a San Diego probate case. Schedule a consultation to discuss your options.
https://www.naimishlewislaw.com/estate-planning/breaking-down-probate-into-5-steps/

Understand the probate process in 5 essential steps. In this guide, we distill the seemingly endless maze of the probate process into five essential steps.

Federal portability, introduced in 2011, changed the calculus for AB trusts. A surviving spouse can now use any unused p...
09/03/2026

Federal portability, introduced in 2011, changed the calculus for AB trusts. A surviving spouse can now use any unused portion of the deceased spouse's estate tax exclusion, which has reduced the number of couples who need a bypass trust purely to avoid federal estate tax.

That does not mean AB trusts are obsolete. Couples with combined estates near the exemption threshold, blended families protecting assets from a surviving spouse's future decisions, or households with state estate tax exposure may still benefit from the structure.

Our estate planning team at Naimish & Lewis reviews existing AB trusts and helps San Diego families determine whether their plan still fits their goals. Schedule a consultation to discuss your options.
https://www.naimishlewislaw.com/trusts/do-i-still-need-an-ab-trust/

Due to changes in federal and state laws over the past decade, many of the AB trusts created prior to 2011 may no longer be the most desirable method of estate planning for a married couple. This blog explains why AB trusts are a thing of the past for many families who prefer a simpler revocable tru...

San Diego family courts generally require child custody recommending counseling, commonly called FCS mediation, before a...
09/02/2026

San Diego family courts generally require child custody recommending counseling, commonly called FCS mediation, before a custody case can move forward. The session covers legal custody, physical custody, parenting time, and how parents will communicate going forward.

Preparation matters. Parents who arrive with existing court orders, a draft parenting plan, and a clear position on child related expenses tend to navigate the process more effectively. High conflict cases involving substance abuse or special needs children often require additional documentation.

Robert J. Allison, CFLS, and our family law team help San Diego parents prepare for custody mediation. Schedule a consultation to discuss your options.
https://www.naimishlewislaw.com/family-law/child-custody-and-visitation-preparing-for-and-reacting-to-the-custody-mediation/

Child custody mediation can feel overwhelming, but with the right preparation, you can approach the process confidently. This guide will help you understand what to expect, how to prepare, and what you need to bring to custody mediation to ensure a productive discussion. With the exception of the co...

California family law imposes a continuing duty to disclose on both spouses in a divorce, not a single filing at the sta...
09/01/2026

California family law imposes a continuing duty to disclose on both spouses in a divorce, not a single filing at the start of the case. Initial and final disclosures must account for every asset and liability, community and separate property alike, and spouses are required to update that information as circumstances change throughout the proceeding.

Failing to meet this obligation carries real consequences. A court can refuse to enter judgment, set aside a completed judgment, or impose monetary sanctions and attorney's fee awards against the non-disclosing spouse.

Our family law team at Naimish & Lewis helps San Diego clients understand exactly what the law requires and protects their financial interests at every stage of the process. Schedule a consultation to discuss your options.

Divorcing couples often have critical questions about financial transparency: What if my spouse is hiding money, property, or other assets from me? Do I need to disclose all my financial resources, including gifts from family? Divorcing spouses have significant legal obligations to each other, prima...

A property transfer can quietly become a property tax problem if you don't plan for it.Under California Revenue and Taxa...
08/31/2026

A property transfer can quietly become a property tax problem if you don't plan for it.

Under California Revenue and Taxation Code section 60, any change of ownership, whether by sale, gift, or inheritance, can trigger reassessment to current fair market value. For children inheriting property that has appreciated significantly, this can mean a substantially higher tax bill than the family expected.

Several exclusions apply in an estate planning context, including certain transfers between spouses and transfers into a revocable living trust. Knowing which exclusions fit your situation matters before, not after, the transfer happens.

Schedule a consultation to discuss your options.

An issue that frequently arises in estate planning is the reassessment of property taxes. In California, property taxes are based on the assessed value of the property. When a property is sold or transferred, a reassessment of the value of the property may be triggered. With steady increases in the....

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