If you have decided that creating an estate plan would be in your best interests, but do not know what is included in this plan, it is time to contact an experienced Riverside Estate Planning attorney who will sit down with you and discuss what is involved.
A Will provides for those you choose as your heirs to receive your property after your death. It is important to have a financial durable power of attorney to make financial decisions for you if you are unable to do so because of illness or whatever reason. In addition, a health care power of attorney is a document that appoints an agent to make health care decisions for you if you are unable to do so. Finally, a health care directive, or living will, gives you the opportunity to direct what kind of health care you wish to receive if you are terminally ill or in a permanent coma.
Creating an estate plan can be complex and complicated. It would be wise for you to consult with a Riverside Estate Planning attorney who will help you decide what is best for you now and in the future.
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\\ tags: assets, attorney, children, Estate Planning, family members, Health care, property, Will
During the Christmas holidays, many children received toys for gifts. Unfortunately, many of those toys will prove to be toxic and/or defective and have the possibility of injuring your child. In addition, many can pose serious choking hazards, hearing damage and lead poisoning, which can result in irreversible brain damage.
Consumer advocates at the U. S. Public Interest Research Group have released a list of toys that can prove to be dangerous and/or defective. They violate Federal safety standards for lead and other hazardous chemicals.
Examples of these dangerous toys include, but are not limited to:
· Sesame Street brand Oscar doll
· Wooden blocks
· Little Hands Love Book
· Whirly wheel by LL
· Disney’s Tinkerbell Watch
If your child received one of these toxic and/or dangerous toys and has shown sign of injury or illness, contact an experienced Riverside Personal Injury attorney who has been successful in product liability cases and will investigate your case to determine if you are entitled to compensation for your injuries and medical expenses.
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\\ tags: attorney, children, choking hazards, consumers, Defective products, illness, manufacturers, Personal Injury, toxic toys
Leaving your assets to a trust for the benefit of your spouse or children is another option than leaving simply a will. The trust could be created as part of your will.
This type of trust is known as a Credit Shelter Trust. It allows a married investor to avoid estate taxes when passing assets to his or her heirs. Upon the death of the investor, the assets in the trust are transferred to the heirs. A key benefit is that the surviving spouse maintains the right to the trust assets and the income generated. This allows a married couple to double the amount they can leave free of California and Federal estate taxes.
Having assets in a trust can be used to ensure a later inheritance by others even if the surviving spouse remarries. This is extremely important if your current spouse is not the parent of your children.
To learn more about a credit shelter trust, contact an experienced Riverside Estate Planning attorney who can answer all of your questions and advise you of your best options for estate planning.
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\\ tags: assets, attorney, benefits, children, Credit Shelter Trust, Estate Planning, heirs, income, spouse
Last year the Riverside County Board of Supervisors adopted Ordinance 902, which established sex offender residency and loitering prohibitions for the unincorporated areas of Riverside County.
This year, the Board has amended the Ordinance to specify time, place and manner restrictions on sex offenders on October 31, Halloween. The amendment reads, in part, “A registered sex offender would be prohibited from decorating their dwelling with Halloween decorations, that they will leave all exterior residential, decorative and ornamental lighting off at the dwelling during the hours of 5:00 p.m. and 11:59 p.m. and that they are prohibited from answering the door to children who are trick-or-treating.”
Any registered sex offender found in violation of Ordinance 902 and its amendment, will be found guilty of a misdemeanor offense and subject to a fine not exceeding $1,000 and/or six months in jail. The Sheriff’s Department is working with others to make sure children are protected on Halloween and that they enjoy their trick-or-treating safely.
If you are a registered sex offender and are found in violation of this Ordinance, you will be facing severe consequences. Contact an experienced Riverside Criminal Law attorney who will discuss your legal options with you and aggressively represent your interests.
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\\ tags: attorney, children, Criminal Law, Halloween, jail, misdemeanor offense, Ordinance 902, parents, Riverside County Board of Supervisors, sex offenders
Creating an estate plan for a newly married couple depends on several factors which include if this is the first marriage for one or both of you, assets brought into the marriage, children from a previous marriage and if you have written a prenuptial agreement.
A young couple married for the first time with no children and little assets should at least start off with a Will. Later on they can create an Advance Health Care Directive and appoint a Financial Power of Attorney.
Once your family grows along with your assets, your Will should be revised and discussed further. If you are newly married, just starting out, but want to tie up any loose ends, contact an experienced Riverside Estate Planning attorney who will make sure all of your wishes and needs are met down the road.
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\\ tags: Advance Health Care Directive, assets, attorney, beneficiary, children, Estate Planning, Financial Power of Attorney, marriage, newlyweds, trustee, Will
As parents get older, children must decide the best way to care for an aging parent; it requires a lot of thought and planning. The first step in proper elder care is to anticipate their emotional, physical and mental well-being.
When you begin planning for elder care, let your parent be involved in the decision making. See what he or she wants. Listen to their ideas on health care and assisted living. Many seniors are lonely so keep their emotional needs in mind when planning for future care.
Make sure your elder is in a safe environment whether he or she is living at home or in an assisted living facility. Make the living space senior friendly” in order to prevent falls that could cause serious injuries.
If your senior person has dementia or Alzheimer’s, make sure someone is giving them their medication. It is not easy taking care of an elderly person; try to adapt to their growing needs or find a professional who can.
Make your elderly care plan before a medical crisis occurs. When an individual transitions from independence to dependence health care, estate planning issues arise. Don’t wait for a crisis to happen to make your plans; do it now. If you need assistance, contact an experienced Riverside Estate Planning attorney who will be able to answer all of your questions and put you on the right path for you and your parent.
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\\ tags: aging parents, assisted living, attorney, children, elderly care, Estate Planning, Health care
Some of my clients have asked me, “What is involved in estate planning?” Before sitting down to plan your estate, make a list and include:
· Who you want to receive your assets – the beneficiary or beneficiaries?
· List your assets and what you think they are worth
· Who do you want to manage your estate or make decisions on your behalf if you cannot during your lifetime or once you have died?
· Do you have minor children – who should take care of them?
· Where do you want to be laid to rest – buried or ashes scattered – where?
Once you have answered the questions, contact an experienced Riverside Estate Planning attorney for advice on how to proceed, and determine what your next steps should be.
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\\ tags: assets, attorney, beneficiary, burial, children, Estate Planning, family members, Healthcare, property
A Bypass Trust is a legal irrevocable agreement that allows parents to pass on assets to their children to reduce the amount of estate taxes – it is a long-term planning device. A bypass trust allows you to leave property to your children and it will not be subject to estate taxes after you die. The terms of the trust cannot be changed.
The amount of the most recent estate tax exclusion was about $3.5 million. This type of trust allows the parents to receive an income from the assets while they are alive. In addition, they can use the principal in case of an emergency.
It is critical that the trust be drafted correctly because any errors can cost millions of dollars in taxes. To learn more about a Bypass Trust, contact a Riverside Estate Planning attorney who is knowledgeable about Federal tax laws.
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\\ tags: assets, attorney, Bypass trust, children, Estate Planning, federal tax laws, income, parents
The Palm Springs Police Department reported that an accident that occurred at an intersection around 4:00 in the afternoon injured five people, including two small children.
One of the vehicles, driven by a man from Germany, was making a left-hand turn; the other vehicle, driven by a woman, was coming towards him when they collided at the intersection. After the impact, the woman hit a block wall of a nearby home and then overturned.
The woman and children were taken to a local hospital; she and the two children had moderate injuries. The man and his female passenger sustained critical injuries; they were taken by ambulance to a hospital.
Authorities are investigating to determine the cause of the accident; they believe the woman may have been driving drunk; she was arrested for driving under the influence.
I suggest the two individuals from Germany contact an experienced Riverside County Personal Injury attorney, one who has handled cases involving drunk drivers to see if they are entitled to compensation for their injuries and medical expenses.
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\\ tags: alcohol, arrested, attorney, children, Drivers, DUI, injury, overturned, Palm Springs, Personal Injury, vehicle accident
An 8-year old boy told police recently that his mom had been drinking beer and cursing while waiting outside a high school for his 17-year old brother.
Moments later, while driving at a high speed, the woman lost control, hitting a concrete light pole, and killing his 9-year old sister and injuring his brother. The little girl and 17-year old were not wearing seat belts – they were thrown from the vehicle. The older boy suffered a broken back. Another child, a 16-year old brother, came upon the scene while walking home.
The 41-year old mother is being charged with second-degree murder, gross vehicular manslaughter while intoxicated, driving under the influence of marijuana and alcohol, and driving with a blood-alcohol level more than .08% - it was almost three times the legal limit. She has pleaded not guilty.
Court records show in the 1990s, the woman had three misdemeanor DUI convictions and one felony DUI conviction. Her license had been suspended from 1994 to 2009.
Police found an empty beer can in the vehicle and 11 more empty cans at home. The accident is under investigation. She is being held at a Detention Center in Riverside with bail set at $1 million. The father of three of the children said she was depressed because she recently lost her job and she would not do anything intentionally to harm her children.
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\\ tags: alcohol & drugs, arrested, attorney, children, Criminal Law, DUI, fatal accident, gross vehicular manslaughter, mother, second-degree murder, vehicle accident
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