May 18

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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Mar 21

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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Mar 11

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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Feb 17

All-terrain vehicles are found all over California, especially in desert and mountain areas in Riverside County.  People die every year from ATV-related accidents in California.  There are laws that can prevent unnecessary injuries and deaths – if followed.

The most important rule to follow:  Do not allow children to ride an ATV designed for an adult.  According to the ATV Safety Institute, anyone under the age of 18 is not allowed to drive an ATV on public land unless he or she has a safety certificate.

Do I have to remind you that an adult should not ride an ATV after drinking alcoholic beverages?  California law requires anyone driving an ATV on public land to wear a helmet.  The only way a passenger is allowed to ride on an ATV is if the ATV is designed to carry an additional passenger.

Driving an ATV on a highway is illegal in California; however, it is legal to cross a California highway while riding an ATV.  Finally, drinking or even holding an opened alcoholic beverage is illegal.  This includes roads and public lands in parks.

Read the laws of the road; learn them and abide by them.  Keep yourself and others around you safe.  If you are seriously injured in an accident while on an ATV, contact an experienced Riverside Personal Injury attorney.  He or she will review every detail of your case to ensure that your rights are not trampled on.

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Aug 16

A QTIP Trust makes the surviving spouse the sole beneficiary of the income in it every year.  However, what happens if you have been married previously and have children from that marriage?  How can this type of trust benefit your children?  How can you make sure your home will go to your children once your present spouse dies?  This is known as the Qualified Terminal Interest Property Trust or QTIP.  This trust makes your children the ultimate beneficiaries of your home, allowing your present spouse to live in it until his or her death.

Because the QTIP is a trust, it will not have to go through probate at the surviving spouse’s death.  Now is the time to take control of your future and the future of your children.  Take the time to sit down with an experienced Estate Planning attorney and see what is right for you and your family.

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Jan 15

Even though the worldwide web provides more information than ever before, it also provides an opportunity for crime against unsuspecting individuals – including children.

Children who are not monitored while on their computers are exposed to an abundance of potentially risky and harmful activities.  Children are exposed to strangers on their computers.  We use caution with whom our children play with; we need to use caution with whom our children talk to on the computer.  We need to make sure they do not have access to pornography, violent images and especially pedophiles.

California District Attorney Offices everywhere are committed to protecting children from becoming an online victim and from becoming involved in illegal Internet activities.  The goal is to reduce the risks of children becoming exploited and/or abducted by Internet predators.  The Internet should be a good experience, a learning experience and a place to get helpful information.

There are serious penalties for using the Internet to commit a crime, which include prison.  Keep your children safe – monitor their activities.

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Jan 10

There are close to five million dog bite victims in the United States every year.  Statistics show that about one thousand individuals are treated for dog bites every day.  Some of these bites prove to be fatal and most victims are children who are bitten in the face.  There are thousands of facial injuries reported every year because of dog bites.  The dog usually targets the lips, nose and cheeks.

 

Pit bulls and Rottweilers seem to be the most dangerous dogs out there today.  It has been shown that any dog trained to attack will probably bite someone.  When a dog becomes dangerous, it is usually the fault of the owner.  Even though a dog has the reputation of being dangerous, the dog can be a loving pet – treat a dog well and it will love you – no matter what the breed is.

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Dec 18

A juvenile delinquency case involves a child that is under the age of 18 committing a violation.  If the child were over 18, it would be considered a crime.   The Juvenile court handles delinquency, child abuse/neglect and status offenses.  Status offenses are non-criminal behavior, such as truancy from school or running away from home.  In an abuse or neglect case, the court steps in to protect the child’s interests.

 

Children have rights when they violate the law or are abused or neglected.  The court always looks at the best interests of the child.  The court will remove him or her from the home if there is a dangerous situation.

 

The United States Supreme Court has made several landmark decisions concerning juvenile law and the court system.  Children are offered the same protection that adults receive.  They are entitled to the right to notice and hearing, witness confrontation, being free from self-incrimination and the right to an attorney.  The juvenile court system offers rehabilitation to the child instead of the punishment that an adult would be given. For more information contact a Criminal Law Attorney.

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