Attorneys and Staff

Welcome

Fay & Lawler, APC — Estate Planning in San Diego

Fay & Lawler, APC is an estate planning law firm based in San Diego, California. The firm was founded in 1990. With nearly 30 years of experience in estate planning matters, we pride ourselves on creating practical and cost-effective solutions for our clients.

Our areas of practice include Estate Planning (wills, trusts, powers of attorney, health care directives), Trust Administration, Probate Administration, and Public Benefits Planning (long-term care and special needs). We represent individuals, fiduciaries (private and corporate), and business entities throughout San Diego County.

Thomas C. Lawler
1990

Firm Founded

Fay & Lawler, APC founded in San Diego to serve clients throughout the county.
1995

Certified Specialist

Thomas C. Lawler certified by the State Bar of California in Estate Planning, Trust and Probate Law.
2011

San Diego office

The firm continued its full-service estate planning practice from its San Diego office, serving clients throughout the county.
Today

36+ Years

Practical, cost-effective estate planning for individuals, fiduciaries, and businesses.
Our firm

Certified specialists in
Estate Planning

State Bar of California Certified Specialists in Estate Planning, Trust and Probate Law. Member, National Care Planning Council and Better Business Bureau.

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Attorneys and Staff

Meet the Fay & Lawler team

Our attorneys and staff bring decades of experience in estate planning, trust and probate, and public benefits planning.
Thomas C. Lawler

Thomas C. Lawler

Attorney

tcl@fayandlawler.com

Karel L. Flickinger

Karel L. Flickinger

Paralegal & Admin

klf@fayandlawler.com

Client Services: intern@fayandlawler.com

Our team

Biographies

Thomas C. Lawler, Attorney

Mr. Lawler is a founding partner of the firm with nearly 30 years of experience in all aspects of estate planning. He graduated from University of California, San Diego with a Bachelor's Degree in Sociology, minor in Philosophy, and earned his law degree from Western State University College of Law (now known as Thomas Jefferson School of Law). While at Western State University, Mr. Lawler participated in a study program at Downing College at Cambridge University, England in summer of 1984. Mr. Lawler was admitted to the California State Bar in 1986. Mr. Lawler is Certified by The State Bar of California Board of Legal Specialization as a Specialist in Estate Planning, Trust and Probate Law since 1995. He has also been accredited by the Department of Veterans Affairs to represent veterans in their efforts to obtain government benefits. He is a member of the San Diego County Bar Association, the California Bar Association, National Care Planning Council and Better Business Bureau. tcl@fayandlawler.com

Karel L. Flickinger, Paralegal

Ms. Flickinger is the firm's paralegal and administrator. She oversees the day-to-day operations of the firm and provides assistance to Mr. Lawler. Ms. Flickinger has extensive experience in working with trust and probate administration. Prior to joining the firm, Ms. Flickinger worked in various areas of the real estate and construction industries. klf@fayandlawler.com

Questions

Frequently Asked Questions and Answers

Short answers to common topics — contact us for guidance tailored to your situation.

What is a revocable Living Trust?

It is a legal entity that allows you to designate who will control your assets while you are alive, and at death, without the unnecessary intervention of unwanted third parties.

Does a Will avoid probate?

NO. A Will neither avoids nor causes probate.

Doesn’t joint tenancy avoid probate?

YES and NO. Joint tenancy merely postpones probate until the death of the surviving joint tenant. In the event both joint tenants die simultaneously, probate can occur immediately.

Will my income tax status change with a revocable Living Trust?

NO, not if all the income of your revocable Living Trust is payable to you or you and/or your spouse.

If I transfer my real property into a Living Trust, will my property taxes increase?

NO. Living Trusts receive an exemption under Proposition 13 to prevent any increase in taxes on transfer of real property.

What if I own property in another state?

You should transfer out-of-state real property into your Living Trust to avoid the potential for an additional probate that may occur in that state.

Do I need a Living Trust if my estate doesn’t exceed the estate tax limit?

YES. Generally, you will need a Living Trust to avoid probate and conservatorship, regardless of your estate tax exposure.

Do I have to give up control of my assets when I place them into a Living Trust?

NO. You may name yourself as Trustee of your Living Trust and make all the management decisions concerning your assets.

What rights does the surviving spouse have in the Living Trust?

Normally, the surviving spouse is both the Trustee and Beneficiary of the Living Trust after the first spouse’s death. The survivor thus continues to control and enjoy all of the assets of the trust.

Contact us with your questions