Did you read about the man who went on a shooting spree and killed his ex-wife plus several other people she worked with – leaving an 8-year old son behind? This was all due to a custody dispute.
Now, the wife is dead and the father of this child is behind bars for killing her. Here is a perfect example of why a Will should be drawn up early on.
There are now 3 people seeking custody of the 8-year old boy. They include his older sister from a different marriage, his maternal step-grandfather, and the paternal grandmother (mother of the man behind bars). The older sister has temporary guardianship.
If a Will had been drawn up early on, it could have left provisions in case the mother died or something happened to the father. In August, a court will decide who will have permanent guardianship of the boy whose father is charged with murdering his mother and seven others.
You don’t have to be a senior to create a Will – anyone can and should do it, especially when children are involved. If you are ready to make your wishes known and make sure they are followed after your death, contact an experienced Riverside Estate Planning attorney who will answer all of your questions, and help you decide what is best for you and your family.
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\\ tags: attorney, beneficiary, Estate Planning, family members, father, mother, son, Trust, Will
Elder abuse is a serious and dangerous crime.
When a person gets older, they are less able to stand up to bullying. Because of this, they are susceptible to being taken advantage of physically, mentally and financially. Thousands and thousands of elders are being abused by someone who takes care of them on a daily basis.
If you have an elderly person in your family who is being taken care of by an outside person or your family member is in a nursing or care facility, look for signs of abuse. Look to see if your loved one’s behavior or personality has changed. Keep your eyes open for bruises, scars, malnutrition, of hygiene problems.
If you suspect someone is being abused, contact an experienced Riverside Personal Injury attorney who has handled elder abuse cases. No one should be abused and it is important that the abuser be brought to justice.
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\\ tags: abuse, attorney, care facilities, elderly person, family members, nursing homes, Personal Injury, victims
Disinheriting an individual from your estate Estate planning does not come in “one size fits all.” Every situation is different and requires different considerations.
What happens if you decide you would like to disinherit a family member from your estate? Make sure this is what you truly want because down the road you may be facing some serious ramifications. Are you feeling this way because the person can no longer be trusted or is terrible handling money?
If there is no way to fix the situation that is causing you to want to disinherit this person, it is time to consult with an experienced Riverside Estate Planning attorney. Your attorney will discuss the creation of a living trust so no one can contest your Will in court and receive their portion of your estate.
It is not easy to disinherit someone that may be close to you; it can be a difficult and painful decision to make. Ensure that it is done properly by meeting with a Riverside Estate Planning attorney today.
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\\ tags: assets, attorney, disinheriting, Estate Planning, family members, Trust, Will
When an individual dies and there are insufficient assets to warrant a full probate process, a small estate affidavit is designed and used to provide a streamlined probate process.
A small estate affidavit is used to inform the court that the estate meets the requirements of a small estate. Under California law, until the end of 2011, the limits for a small estate have been $100,000 in general assets and up to $20,000 in real estate. However, beginning on January 1, 2012, these limits have changed. The new limits are $150,000 in general assets and up to $50,000 in real estate.
If you have questions regarding your estate or any estate planning issues, contact an experienced Riverside Estate Planning attorney who can discuss your options with you and advise what is best for you and your family.
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\\ tags: attorney, California Law, death, Estate Planning, family members, general assets, Probate, real estate, small estate affidavit
For many people in Southern California, their home is the largest and most valuable asset they own. When creating an estate plan, it is important to address what will happen to this asset.
When a home is transferred by i.e. inheritance, probate or a trustee sale, a deed is involved. Completing a deed transfer can help you avoid taxes, ensure that your property is transferred to your loved one, and make sure that the property is not impacted by claims from creditors.
Due to the advent of title insurance, only grant and quitclaim deeds are used in California.
It is important to have a deed for estate planning purposes because your home will need to be transferred into your trust in order for the trust to own the home.
If you have questions regarding estate planning and the deed to your home being transferred to one of your beneficiaries, contact a Riverside Estate Planning attorney who can offer the knowledge, skill and professional resources to help you protect all of your assets.
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\\ tags: assets, attorney, beneficiaries, California, deed, Estate Planning, family home, family members
It can be devastating to lose a loved one to Alzheimer’s or any type of mental or physical illness. While you are staying close to this elderly family member, creditors may be trying to gain access to his or her estate.
You can avoid court-supervised procedures in the event of incapacity of your family member. You can remain in control of your family’s assets when the individual can no longer make his or her own decisions.
If you have a loved one who has become incapacitated by a physical or mental illness, contact an experienced Riverside Estate Planning attorney and ask how you can protect his or her rights by setting up a revocable trust that can be managed by the designated successor trustee.
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\\ tags: assets, attorney, benefits, elder care planning, Estate Planning, family members, medical conditions
When appointing a healthcare agent, make sure he or she is someone who will abide by your wishes.
Remember, this person has the legal right to make decisions for you, even if your family members disagree with them. When family members disagree, it makes it difficult for your healthcare agent to carry out the decisions you want.
The following are steps you can take if you foresee possible problems in the future:
· Discuss your decisions with family members early on
· Show them in writing whom you have appointed as your healthcare agent
· Explain that they are not to be involved in medical decisions
· Give your family members and your primary physician copies of all written communications regarding your healthcare – making it clear who is in charge
If the time has come for you to document your future wishes, contact an experienced Riverside Estate Planning attorney who will outline the options that will help you achieve your estate planning goals and then create the necessary documents once those goals have been determined.
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\\ tags: attorney, death, Estate Planning, family members, finances, healthcare agent, legal rights
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
I have been asked what is included in a basic estate plan.
The most important document is the Will. It is a legal declaration by you that names the person you want to manage your estate and transfer your property and assets after your death - to the individuals you desire. Having a Health Care Directive or Living Will allows you to express what kind of health care you want or do not want if you become terminally ill.
A Power of Attorney naming an individual to handle your finances is important. This person will handle all of your financial decisions if you are unable to do so while you are still alive. A Health Care Power of Attorney is a document that appoints a person to make your health care decisions if you cannot. Naming the same person to handle both would entail only one document.
If you are considering an estate plan or want to change an existing one, contact an experienced Riverside Estate Planning attorney who will provide you and your family with the service and peace of mind you deserve.
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\\ tags: assets, attorney, benefits, death, Estate Planning, family members, Healthcare, legal declaration, power of attorney, property, Will
Estate planning is more than just a simple Will.
When you plan your estate you minimize potential taxes and fees that could be left to your heirs after you are gone.
A good estate plan coordinates what will happen to your assets, such as your home, investments, benefits, insurance, bank accounts, etc. if you become disabled or after your death. It makes sure your heirs get what you want them to. In addition, your wishes for health care treatment are also followed.
If you die without a will, your family could be left fighting over their share of your estate. Don’t make them go through that hassle – contact an experienced Riverside County Estate Planning attorney who will help you get your affairs in order.
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\\ tags: assets, attorney, benefits, Estate Planning, family members, heirs, investments, tax, Will
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