Lopez & Wilmert, LLP

Posted on January 16, 2019
CategoryEstate Planning
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Lopez & Wilmert, LLP

How our firm is different.

This is not your old-school law firm. The firm of Lopez & Wilmert, LLP understands that the only reason we exist is to take care of our clients better than anyone else.

The traditional way of practicing law often falls short of that goal, so we often do things differently than what you would expect. For example, we only charge an hourly fee as a last resort if that is what the client wants. Most of the time we are able to determine and agree on fees right at the start. No surprises. No fuss.

We also work hard to build a trusted relationship with you, one in which you do not have to be afraid to call for help or advice in the middle of your case.

Best of all, we have built a diverse team of attorneys and support staff who can cover a wide range of overlapping legal issues, so that your problems get addressed under one roof, with one point of contact.

 

Legal Team

Rogelio Lopez,
Partner

Rogelio is fluent in English and Spanish. Rogelio is experienced in handling the many different types of issues associated with Family Law. This includes but is not limited to issues relating to Divorce, Spousal Support, Child Custody and Visitation, Child Support, Paternity, Move Away cases, Restraining Orders, Arrears Enforcement, and cases with the Department of Child Support Services.
Rogelio was a Deputy Clerk with the San Diego Superior Court prior to practicing law. He is experienced in understanding the court process from an insider’s point of view. This experience allows him to assist clients in finding the right solution for their issues in an expedient manner.

Rogelio has worked with the San Diego Volunteer Lawyers Program to assist citizens that had general questions regarding Family Law issues.

Education:

  • Thomas Jefferson School of Law, Juris Doctorate 2005
  • California State University San Marcos, Bachelor of Arts in History, 2002

Professional Associations and Memberships:

  • State Bar of California, Member 2006- Present
  • San Diego County Bar Association, Family Law Section
  • South County Bar Association

 

Larisa Wilmert

Larisa is the partner who leads the firm’s multi-county litigation practice in the areas of estate planning and both uncontested and contested probate, guardianship and conservatorship matters.  Her responsibilities encompass all areas of estate administration, representing executors, heirs and beneficiaries, and creditors, in routine estate administrations as well as complex and contested matters.

Larisa is certified as a court appointed attorney  in conservatorship and guardianship proceedings, and has worked with prospective and established conservators as well as conservatees and proposed conservatees.

Away from the office, Larisa works pro bono with the San Diego Volunteer Lawyers Program on projects involving estate planning, probate and guardianship cases. Her volunteer work also includes serving as a moot court judge for the USD Paul A. McLennon Competition, as a mock trial judge for the Madison High School Mock trial competition and a mock trial judge for the UCSD undergraduate Mock Trial competition. Larisa also serves on the executive board of the Deer Canyon Elementary School Foundation.

Education:

  • Thomas Jefferson School of Law  JD 2005
  • Seattle University BS  1995

Professional Associations and Memberships:

  • State Bar of California
  • United States District Court for the Southern District of California
  • San Diego County Bar Association, Trust and Estates Section
  • San Diego Council on Aging

 

Roxanne F. Lopez

A partner in Lopez & Wilmert, LLP, Ms. Lopez is fluent in English and Spanish and her areas of expertise are in all aspects of family law, including divorce, paternity, child custody, child support, spousal support, marital settlement agreements, and restraining orders.  Having successfully negotiated countless settlements, conducted numerous trials regarding child custody, child visitation, move-away requests, child protective services matters, interstate child abduction and child support and spousal support matters, clients have expressed complete satisfaction and gratitude with her legal services.  Ms. Lopez also devotes her practice to landlord/tenant issues including drafting and preparing notices, filing and litigating unlawful detainer actions.

Ms. Lopez has been practicing law since 2001. Prior to that Ms. Lopez served as a clerk with the San Diego Superior Court for thirteen years and has a vast knowledge of court procedures and policies.  Ms. Lopez is currently a member of the San Diego County Bar Association Lawyer Referral and Information Service.

In addition to practicing law, Ms. Lopez is committed to community service and has volunteered with the San Diego County Bar Association Volunteer Judge for Madison High, the San Diego County Bar Association judge for high school mock trial competition and the San Diego County Bar Association Volunteer for Children at Risk Reading Program.

Bar Admissions:

  • State Bar of California 2001
  • U.S. District Court Southern District of California, 2001

Education:

  • Thomas Jefferson School of Law JD 2001
  • University of California, San Diego 1987

 

Darin Wilmert

Darin has practiced before federal and state trial and appellate courts in several southern California counties including San Diego, Riverside, and San Bernardino. He most often appears on Trust and Estate matters, but lends his expertise with research, writ, and motion drafting to all of the firm’s practice areas from probate matters to family law and general civil litigation.

Darin is the administrative partner of Lopez & Wilmert, LLP responsible for the firm’s day-to-day business affairs.  Darin spends the balance of his time consulting with all of the firm’s practice areas on legal strategy, ethics, and continuing education.

In addition to his typical pro bono casework, Darin’s volunteer work includes serving as a moot court judge for the USD Paul A. McLennon Competition.

Education:

  • Thomas Jefferson School of Law,  JD 2006, Summa Cum Laude
  • lllinois Wesleyan University, BA 1995

Professional Associations and Memberships:

  • State Bar of California
  • United States District Court, Southern District of California
  • San Diego County Bar Association

 

Areas of Practice

Conservatorship

The basic idea of a conservatorship is that it allows someone the legal authority to make decisions for someone else.  The idea of one person taking actions on behalf of someone else is not unique to conservatorships.  Many people have heard of documents such as a Power of Attorney, in which someone authorizes someone else to act on his or her behalf.

Family Protection Legal Planning

This type of planning is often called “estate planning”, but that term is often misunderstood as just having a Will or a Trust that determines who will get your property when you die.  Properly done, a full and complete estate plan will act more like a comprehensive legal plan to protect your family in many different scenarios.

Estate Planning

Estate Planning is therefore not just for the people you will one day leave behind, but is also to make sure that if you are ever unable to make decisions for yourself, the people whom you designate to take care of you have the legal authority to do so without long and expensive court proceedings.

Family Law

Issues between family members can often be complex, unclear, and very emotional. Once an issue has been identified, one family member may seek legal representation for the family and try to resolve the dispute through court. An experienced family law attorney can help the family try to resolve their conflicts in the most efficient way possible so that all parties are in agreement. The solutions are not always obvious and having successful legal council to aid you in this confusing time is a must.

Guardianship

California is one of the few states that uses a different term for guardianships, depending on whether the person who needs to be taken care of us a minor or an adult who is no longer able to care for his or her own needs.  If someone needs legal authority to care for an adult, then California calls that a Conservatorship.  Guardianship refers solely to people under the age of 18.

Landlord / Tenant

Lopez & Wilmert, LLP is experienced in unlawful detainer trials and settlements.  Our knowledgable Landlord/Tenant attorneys can often negotiate a settlement to cases in order to restore possession of rental property back to the owner, without a trial.  In the event that a trial is necessary, we see the entire matter through the ultimate conclusion of the Sheriff conducting a lockout.  If you need to recover possession of real estate from a renter, there are specific technical requirements that must be met or your case will be dismissed and you will have to start again from the beginning.  You can avoid this extra time and expense by contacting our office in Chula Vista or in La Mesa to handle your case from start to finish.

Probate – Contested and Uncontested

The term probate is often associated with expense, paid, delay, and suffering.  In reality it is a court-supervised method of handling the property belonging to someone who has passed away. A probate is not normally needed if an estate plan was created which includes a living trust. In that event, a Trust Administration is needed instead.

Trust Administration – Either simple or contested

If you have been named as the Trustee of someone’s Trust, and that person has either passed away or has become incapacitated, then you have certain responsibilities to carry out.  Unless you are a professional Trustee, you may not know everything that you are supposed to do, or the best way in which to do it.

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