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.

Estate planning is not just about what happens after you pass away. It is also about what happens if you cannot make dec...
06/18/2026

Estate planning is not just about what happens after you pass away. It is also about what happens if you cannot make decisions for yourself while you are still alive.

A complete California estate plan typically includes a durable power of attorney for finances, an advance healthcare directive, a will, and in many cases a revocable living trust. Each document serves a different purpose. The power of attorney and healthcare directive activate during your lifetime if you become incapacitated. The will and trust govern what happens to your assets after your death.

Without these documents in place, your family may face a court process to get the authority to act on your behalf — either through a conservatorship while you are alive, or through probate after you are gone. Both are public, time-consuming, and costly.

The good news is that a properly executed estate plan prevents most of those problems. The attorneys at Naimish & Lewis work with clients in San Diego to create plans that are thorough, clearly drafted, and designed to hold up when your family needs them most.

Is there a part of estate planning you have been putting off?

https://www.naimishlewislaw.com/trusts-estate-planning/

Schedule a consultation to discuss your options.

San Diego estate planning attorneys creating trusts, wills, and powers of attorney to protect your family's future. Compassionate, experienced guidance.

If you have ever been through the California probate process, you know it can take a long time. San Diego Probate Court ...
06/17/2026

If you have ever been through the California probate process, you know it can take a long time. San Diego Probate Court has implemented procedures specifically aimed at reducing how long that process takes.

For families in San Diego County who are administering an estate, this matters. The probate process — validating a will, appointing a personal representative, resolving creditor claims, and distributing assets — involves multiple court filings and hearings that can stretch over a year or more under normal circumstances. The San Diego court's updated procedures are designed to streamline that timeline where possible.

Even with those improvements, probate remains a public, court-supervised process that takes significantly longer than trust administration. For most families in California, a properly funded revocable living trust is still the most effective way to keep an estate out of probate entirely.

If you are currently navigating a San Diego probate matter or want to understand how to structure your estate to avoid the process, the attorneys at Naimish & Lewis can help.

https://www.naimishlewislaw.com/probate/san-diego-probate-court/

Schedule a consultation to discuss your options.

San Diego County implemented new procedures in the Probate Court with the goal of reducing wait times for hearings on the initial Petition for Probate. These new procedures can reduce the overall time it takes to complete Probate Administration if Petitioners and Practitioners are adequately prepare...

California allows you to write your own will by hand, without witnesses or a notary. It is called a holographic will, an...
06/16/2026

California allows you to write your own will by hand, without witnesses or a notary. It is called a holographic will, and it is legally valid here — but it comes with real risks.

The requirements are minimal: the material provisions must be in your own handwriting, and you must sign it. That is it. No witnesses required. No date required, though the absence of a date can create serious problems if you have other wills that conflict with it.

The issues tend to surface after you are gone. If the document is not clearly worded as a will, a court may question its intent. If there are multiple versions with inconsistencies and no dates to establish which came last, probate becomes complicated. And without witnesses, there are no safeguards to confirm you had the capacity to create the will or were not under someone else's influence.

A holographic will can serve as a legitimate backup in an emergency — if you are about to undergo surgery and there is no time to work with an attorney. But it should not be your estate plan.

What would you want your family to know about your wishes if something happened unexpectedly?

https://www.naimishlewislaw.com/estate-planning/holographic-wills-in-california/

Schedule a consultation to discuss your options.

Can I Handwrite My Own Will? California is one of 26 states which allows the creation of holographic wills. “Holographic” simply means a document wholly written by the hand of its author. A holographic will is a writing signed by the testator (the creator of the will) which contains its material...

Most people going through a divorce in California are relieved to learn that the majority of property transfers between ...
06/15/2026

Most people going through a divorce in California are relieved to learn that the majority of property transfers between spouses are not taxable events.

Under federal tax law, transfers of property incident to divorce are generally exempt from capital gains recognition. That means when one spouse transfers the family home, an investment account, or other assets to the other as part of a settlement, neither party recognizes a gain or loss at the time of the transfer.

But that relief has limits worth understanding. The tax-free treatment only applies if the transfer happens within one year of the divorce being final, or if it qualifies as "related to the cessation of marriage" — which generally means within six years, under a divorce or separation instrument. Transfers outside those windows can trigger tax consequences.

There is also the issue of what happens after the transfer. The spouse who receives an asset takes on its existing tax basis. If that basis is low relative to the current value, there may be significant capital gains exposure when the asset is eventually sold. Two spouses can walk away from a seemingly equal settlement with very unequal tax outcomes.

This is one area where your divorce attorney and a tax professional need to be working together.

https://www.naimishlewislaw.com/family-law/transfer-of-property-in-divorce-will-i-be-taxed/

Schedule a consultation to discuss your options.

During divorce settlement discussions, spouses can be very creative in their agreements to divide assets and debts. Spouses may consider an equal or unequal division of community property, the transfer of separate property assets from one spouse to another, payments to the other to “equalize” th...

When a parent or spouse can no longer manage their own affairs, many families are not sure where to turn. In California,...
06/12/2026

When a parent or spouse can no longer manage their own affairs, many families are not sure where to turn. In California, a conservatorship may be the answer — but it is not a simple process, and it is not always the only option.

A conservatorship requires a court petition, a hearing, and in many cases an investigation and a physician's report before a judge will appoint someone to act on the incapacitated person's behalf. In San Diego County, initial filing fees start at $435, and total costs including attorney fees and investigation costs often range from $5,000 and up.

The two most common types are general conservatorship, for adults who can no longer care for themselves due to age, injury, or illness, and limited conservatorship, designed specifically for adults with developmental disabilities who can still live with some independence.

Before pursuing a conservatorship, it is worth asking whether a durable power of attorney, healthcare directive, or trust structure could accomplish the same goal with less court involvement. An experienced estate planning attorney can help you evaluate all of the options.

https://www.naimishlewislaw.com/estate-planning/conservatorship-for-adults-in-california/
Schedule a consultation to discuss your options.

Considering conservatorship for an adult in California? This guide covers the filing process, court requirements, costs, and your duties as a conservator.

A divorce judgment is not always the end of the legal process. For many families, it is just a checkpoint.Life changes a...
06/11/2026

A divorce judgment is not always the end of the legal process. For many families, it is just a checkpoint.

Life changes after a divorce. Incomes shift. Children's needs change. Parents relocate. Custody arrangements that made sense at the time of the order may no longer reflect what is actually happening. When that happens, either parent can return to court to request a modification.

Enforcement is a separate issue. If a court order exists and the other party is not following it, whether that involves unpaid support, denied parenting time, or failure to divide assets as ordered, there are legal mechanisms available to compel compliance.

Many people assume that once a judgment is entered, they have no further recourse. That is not correct. California family courts retain jurisdiction over these matters for as long as the orders remain in effect.

If your circumstances have changed or a court order is not being followed, it is worth understanding what your options are.

https://www.naimishlewislaw.com/family-law/modifications-and-revocations/
Schedule a consultation to discuss your options.

Life circumstances change. Naimish & Lewis helps San Diego families modify spousal support, child support, and custody orders when circumstances change.

Child support in California is calculated using a statewide guideline formula. What goes into that formula is where thin...
06/10/2026

Child support in California is calculated using a statewide guideline formula. What goes into that formula is where things get complicated.

Both parents' gross incomes are factored in. So is the percentage of time each parent spends with the child - and that number can shift the support amount significantly. Health insurance, childcare costs, and other mandatory expenses are also part of the calculation. When one parent's income is hard to document, or when timeshare is in dispute, the numbers become harder to nail down.

Errors in how support is calculated can have consequences that last years. Too low, and a child's needs go unmet. Too high, and a parent is locked into an obligation that strains their finances and may not reflect the actual situation.

If you are navigating a child support determination in San Diego, having clear guidance on how the formula actually works makes a difference.
https://www.naimishlewislaw.com/family-law/child-support/
Schedule a consultation to discuss your options.

Need help with child support in San Diego? Our certified family law specialists handle initial orders, modifications, and enforcement. Call (619) 523-9900.

Most people use the words guardianship and conservatorship interchangeably. In California, they are not the same thing, ...
06/09/2026

Most people use the words guardianship and conservatorship interchangeably. In California, they are not the same thing, and the distinction matters when your family is facing a difficult situation.

Guardianship applies to minors. It is a court-ordered arrangement where an adult who is not the child's parent takes legal responsibility for the child's care. It does not terminate parental rights the way adoption does, and it can be ended if the parents become able to resume care.

Conservatorship applies to adults. It is used when someone 18 or older can no longer manage their own personal or financial affairs due to illness, injury, dementia, or disability. A court appoints someone to make those decisions on their behalf.

The two processes share some similarities, but they have different legal standards, different costs, and different alternatives worth considering before you file.

If someone in your family is in a situation where either might be necessary, understanding the difference is the right place to start.

https://www.naimishlewislaw.com/conservatorship-and-guardianship-in-california/
Schedule a consultation to discuss your options.

Confused about conservatorship vs. guardianship in California? Our San Diego attorneys explain the legal differences, costs, and how to file. Schedule a Consult

A child support order is not permanent - but it does not change on its own, either.In California, child support stays at...
06/08/2026

A child support order is not permanent - but it does not change on its own, either.
In California, child support stays at the amount ordered until a parent files for a modification and the court enters a new order. That rule applies even when circumstances have changed significantly. A job loss, a promotion, a shift in how much time each parent spends with the children — none of these automatically adjusts what you pay or receive.

One thing many parents do not realize: filing for a modification does not guarantee the outcome you expect. In some cases, a parent files to reduce their obligation and the court increases it instead, because other factors have also shifted since the last order was made.

If your financial situation or custody arrangement has changed, it is worth understanding what a modification actually involves before you decide whether to pursue one.

Have you gone through a child support modification in California? Was the outcome what you expected?

https://www.naimishlewislaw.com/child-support/child-support-modification/

Schedule a consultation to discuss your options.

Under California law, a parent’s duty to support their minor children is above all others. For various reasons, parents split up, and they eventually come to an agreement on—or the Court orders—custody, visitation, and child support. Fast forward one week, one month, one year, or further on, a...

California is a community property state, which means that most assets and debts acquired during a marriage belong equal...
06/05/2026

California is a community property state, which means that most assets and debts acquired during a marriage belong equally to both spouses and must be divided equally in a divorce.

That rule sounds straightforward, but the details rarely are. Identifying everything that falls into the community estate takes time and care. Real estate, investment accounts, vehicles, retirement benefits, business interests, and debts all need to be accounted for. And determining what is community property versus what one spouse brought into the marriage as separate property can involve complicated tracing and documentation.

The good news is that spouses who can reach an agreement on how to divide their assets and debts do not need the court to step in. An experienced family law attorney can help you understand what you are entitled to, negotiate a fair outcome, and ensure the final agreement is properly documented.

If you are facing a divorce and have questions about how your property will be divided, this page is a useful starting point.

California is a community property state. Naimish & Lewis guides San Diego clients through fair division of marital assets and debts in divorce and legal separation.

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3065 Rosecrans Place, Ste 100
San Diego, CA
92110

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